LAI KAI SUI v. HKSAR

FAMC000008/1997

FAMC No. 8 of 1997

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 8 OF 1997 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA 383 OF 1997)

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Between :
LAI KAI SUI Appellant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

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Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Bokhary PJ

Date of Hearing: 1 December 1997

Date of Determination: 1 December 1997

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D E T E R M I N A T I O N

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1. This is the determination of the Appeal Committee, pursuant to s32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap 484.

2. On 7 April 1997 the applicant was convicted at the Tsuen Wan Magistracy on two charges of common assault and one charge of assaultinga police officer in the execution of his duty. He was fined $500 on each of the two common assault charges and sentenced to 28 days’imprisonment on the charge of assaulting a police officer. The common assault charges arose from an altercation between the applicantand a Madam Li Hung (PW1) in which PW1’s husband CHAU Yau-yu (PW2) became involved. This took place at the couple’s home on 1 March1996, shortly after midnight. Later that morning, when the applicant was at the police station, he became violent and assaulted thepolice officer who was taking a statement from him. This led to the other charge.

3. On 7 October 1997 the applicant’s appeal against conviction was dismissed, on the ground that the magistrate had properly weighedthe evidence before him. He now seeks leave from us to appeal to the Court of Final Appeal.

4. There are no grounds of appeal within the meaning of section 32(2) of the Hong Kong Court of Final Appeal Ordinance. This application is totally devoid of merit and is dismissed.

(Henry Litton) (Charles Ching) (Kemal Bokhary)
Permanent Judge Permanent Judge Permanent Judge

Representation:

LAI Kai-sui – Applicant in person

Mr W. Walsh, SC for Department of Justice/Respondent