R. v. TSE KWONG WANG

HCMA000068/1997

IN THE HIGH COURT

1997, No. MA 68

________________

BETWEEN
THE QUEEN Respondent
AND
TSE KWONG WANG Appellant

________________

Coram: Hon Mayo, J.A. (sitting as an additional High Court
Judge)

Date of hearing: 15 April 1997

Date of judgment: 15 April 1997

________________

J U D G M E N T

________________

Mayo, J.A.:

1. The appellant appeals against his conviction for common assault. The alleged offence arose out of a dispute between the appellantwho is a taxi driver and the victim who is a traffic warden. She was the only prosecution witness at the trial before Mr Brennan.According to her testimony she indicated to the appellant that he should ‘move on’. She then issued tickets to two other taxi’s inthe vicinity which were unoccupied and she returned to the appellant’s taxi which was still in the same position as it had been whenshe had first seen it. She decided to issue a fixed penalty ticket. Initially the appellant refused to receive it. She thereforeattempted to affix it to the windscreen of the vehicle. The appellant started to shout at her and abuse her. He followed her andstruck her on her hand with the keys he was holding.

2. One of the main issues which was raised by the defence was that the traffic warden admitted in her evidence that she had not actuallyseen the appellant’s hand coming into contact with her hand.

3. The appellant who gave evidence accepted that there had been a dispute. He denied however that he had assaulted the traffic warden.

4. In the detailed grounds of appeal Mr Szeto treats all of the evidence from every conceivable angle. However at the end of the daythis case boils down to a question of credibility. The magistrate was impressed with the evidence of the victim and he rejected thecritical part of the appellant’s evidence.

5. I can see no ground to interfere with this finding of fact.

6. This appeal is dismissed.

(Simon Mayo)
Justice of Appeal

Representation:

Mr W.S. Cheung for Crown Prosecutor

Mr Patrick Szeto (M/S Ho, Tse, Wai & Partners) for Appellant

Appellant’s application for leave to appeal to Court of Final Appeal out of time dismissed by Court of Final Appeal. Please referto FAMC14/1998 dated 1 September 1998