Hksar v Chu Man Cheung

Court:High Court (Hong Kong)
Judgement Number:HCMA556/2009
Judgment Date:08 Dec 2009
HCMA000556/2009 HKSAR v. CHU MAN CHEUNG

HCMA 556/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 556 OF 2009

(ON APPEAL FROM TWCC 3790/2008)

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BETWEEN

HKSAR Respondent
and
CHU MAN CHEUNG Appellant

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Before: Deputy High Court Judge Geiser in Court

Date of Hearing: 20 November 2009

Date of Handing Down Judgment: 8 December 2009

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J U D G M E N T

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1. On 14 April 2009, the Appellant was convicted by a Magistrate sitting at Tsuen Wan Magistracy of two charges of behaving in a disorderly manner contrary to Section 17B(2) of the Public Order Ordinance, Chapter 245, Laws of Hong Kong. He was placed on probation for a period of 2 years in respect of both offences. He now appeals against these convictions.

2. Perfected grounds of appeal were filed by counsel on the Appellant’s behalf on 3 September 2009 and they are:

Ground 1

That the learned Magistrate erred in taking into account the evidence on Charge 2 (D’s behaviour at the sushi counter) in making adverse findings against D on Amended Charge 1.

Ground 2

Further to ground 1, and given the import of ground 1, the learned Magistrate must have (inadvertently and erroneously) taken into account the evidence on Amended Charge 1 (D’s conduct at the personal care section) in making adverse findings against D on Charge 2.

Ground 3

That there was a lurking doubt in view of the narrowness of the supermarket aisle, the Defendant’s history of depressive disorder since 2005 and his assignment as the officer-in-charge of Police Tactical Unit on the day of the offences which exacerbated his mental condition.

3. The prosecution case against the Appellant in relation to both charges came principally from PW1 and PW2. PW1 was the alleged victim of Charge 1 and her evidence which was accepted by the learned Magistrate was that at about 12:30 pm on 28 October 2008, she was in Taste Supermarket with PW2. Whilst she was choosing female deodorant, she noticed that the Appellant was standing very close behind her and on her right. She found it to be strange that he was looking at female deodorants. When the Appellant walked past her, she felt something brush her between her thigh and calf. She turned and saw the Appellant holding a basket in which she noticed there was something underneath...

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