Chan Pui Yin v The Queen

Judgment Cited in Precedent Map Related
Judgment Date30 May 1968
Judgement NumberCACC199/1968
CourtCourt of Appeal (Hong Kong)
CACC000199/1968 CHAN PUI YIN v. THE QUEEN

CACC000199/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

Criminal Appeal No.199 of 1968

-----------------

Between
CHAN Pui-yin Appellant
(2nd Defendant)
AND
The Queen Respondent

Coram: Rigby, S.P.J.

Date of Judgment: 30 May 1968

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JUDGMENT

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1. The appellant, together with three other defendants, was convicted of assault occasioning actual bodily harm. All four defendants were prison warders and evidence was given during the trial as to the good character of all of them. Upon conviction the learned magistrate directed that all four defendants should enter into bonds, one defendant - allegedly the principal offender - in the sum of $500 to be of good behaviour for 12 months and the remaining three defendants, including the present appellant, in the sum of $250 for 12 months. In view of the relatively trivial nature of the offence and the sentences imposed, it is perhaps a matter of some little surprise that the appellant should have thought fit to appeal against this conviction. However, I am informed that he is an English speaking warder and he considers - perhaps with some justification - that the conviction upon his record might well prejudice his prospects of promotion in the future. In any event there can be no doubt whatsoever that he is perfectly entitled to appeal against his conviction.

2. The brief facts of the case were these: The complainant is a fish-monger by occupation. He said in evidence that on the afternoon of the 23rd December sometime between 2 and 3 o'clock he was driving his lorry containing live fish along the road and that some of the water in the barrels containing the fish apparently was thrown up and splashed a passing taxi which was allegedly being driven by the 1st Defendant. A wordy altercation then took place between the 1st Defendant and the complainant and before they separated the 1st Defendant, according to the evidence of the complainant, uttered a threat in the words "Watch out, be careful". On the 6th of January, which would be exactly a fortnight later, the complainant, according to his testimony, was walking along the road in North Point with his wife when, without any excuse or justification whatsoever, the 1st Defendant and three other persons whom he subsequently indentified as the 2nd Defendant - who is now the present appellant - and the 3rd and the 4th Defendants, set upon him and beat him up with their fists. Subsequently they ran away and boarded a taxi. The complainant chased them and in fact stopped the taxi and later it would appear that all four defendants were taken to the Bay View Police Station. At 3.35 p.m. that same afternoon the complainant was examined at Queen Mary Hospital by a doctor and multiple small bruises were found on his face and chest and a small laceration over his right hand. At 6.25 p.m. that same day three out of the four defendants, including the present appellant, were also examined at Queen Mary Hospital, and very minor bruises or abrasions were...

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