Chan Sam v The Queen

Judgment Cited in Precedent Map Related
Judgment Date22 August 1968
Judgement NumberCACC402/1968
Year1968
CourtCourt of Appeal (Hong Kong)
CACC000402/1968 CHAN SAM v. THE QUEEN

CACC000402/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO.402 OF 1968.

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

BETWEEN
CHAN SAM Appellant
AND
THE QUEEN Respondent

Coram: Morley-John, J.

Date of Judgment: 22 August 1968

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JUDGMENT

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1. The appellant was convicted of three offences namely, unlawful assembly, assaulting a police officer and resisting arrest. He has appealed against conviction and sentence. The facts of the case are, briefly, that at about eleven o'clock in the evening of 11th June 1968 the appellant was among a crowd of about 200 persons who were shouting slogans in the vicinity of the junction of Apliu and Maple Streets. The appellant was standing on a chair shouting 'Down with Hong Kong British', 'Down with Running Dogs'. When a police party approached to disperse the crowd the appellant attacked one of the police officers with a chair but the police officer managed to ward off the blow with his riot shield. The police officer then attempted to arrest the appellant who struggled with him and it was not until another police officer came to his assistance that the appellant was overpowered and his arrest finally effected.

2. The appellant told me the same story as he told the learned magistrate that he was merely sitting on a chair calculating figures with a ball point pen, that he didn't know what was going on but that he was suddenly arrested and assaulted by riot police.

3. It is clear from the record that there was ample evidence on which the learned magistrate could find the appellant guilty and I therefore dismissed his appeal against conviction.

4. The appellant was sentenced on the first charge...

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