Hksar v Kwok Man Hung And Another

Court:High Court (Hong Kong)
Judgement Number:HCMA292/1998
Judgment Date:04 Nov 1998
HCMA000292/1998 HKSAR v. KWOK MAN HUNG AND ANOTHER

HCMA000292/1998

HCMA292/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 292 OF 1998

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BETWEEN
HKSAR Respondent
AND
KWOK MAN HUNG

CHUI LAI CHUN

1st Appellant

2nd Appellant

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Coram : Hon Pang J. in Court

Date of hearing : 4 November 1998

Date of judgment : 4 November 1998

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J U D G M E N T

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1. The Appellants Mr Kwok and his wife Madam Chui were jointly charged and pleaded guilty to one count each of Assault Occasioning Actual Bodily Harm and Common Assault. The 1st Appellant was sentenced to two months' imprisonment on the first count and two weeks' imprisonment on the second count. The 2nd Appellant was sentenced to terms of one month on the first count and one week on the second count. The sentences of each Appellant were ordered by the learned Magistrate to run concurrently.

2. The incident giving rise to the present charges occurred in the night of 22 October 1997 in a shopping arcade in Yaumatei where the Appellants operated a fashioned boutique. The victim of the 1st charge, one Mr Mui, is the boy-friend of Miss Siu, the victim of the 2nd charge. Miss Siu was formerly an employee of the Appellants and earlier in the month she ceased working for them. When Miss Siu left, the 2nd Appellant issued and signed a cheque payable to Miss Siu in settlement of her wages. The cheque was, however, not honoured when first presented but the amount was eventually settled after negotiations with the Appellants.

3. On the night in question the victims were strolling in the vicinity of the Appellants' shop when they were intercepted by the 2nd Appellant who accused the victims of having made unfounded allegations of dishonesty against their fashion business. The 1st Appellant joined in very shortly afterwards and used abusive language against the victims. The verbal exchanges quickly degenerated into violence when the 1st Appellant started pushing Mr Mui who sought assistance from the passers-by to make a report to the police. At this point the 1st Appellant was heard to summon assistance through his mobile phone. Very soon thereafter five to six males came upon the victims and at the direction of the 1st Appellant...

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