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Hksar v Tse Kwong Wang

Judgment Cited in Precedent Map Related
Vincent
Judgment Date01 September 1998
Year1998
Judgement NumberFAMC14/1998
Subject MatterMiscellaneous Proceedings (Criminal)
CourtCourt of Final Appeal (Hong Kong)
FAMC000014/1998 HKSAR v. TSE KWONG WANG

FAMC000014/1998

FAMC No. 14 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 14 OF 1998 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA No. 68 OF 1997)

_____________________

Between:
TSE KWONG WANG Applicant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

_____________________

Appeal Committee: Chief Justice Li, Mr Justice Ching PJ and Mr Justice Bokhary PJ

Date of Hearing: 1 September 1998

Date of Determination: 1 September 1998

___________________________

D E T E R M I N A T I O N

___________________________

Mr Justice Bokhary PJ:

1. This is an application for leave to appeal to the Court of Final Appeal. It is made out of time and therefore requires an extension of time. The applicant wishes to bring such an appeal in order to challenge his conviction for common assault. That conviction arose out of an incident which occurred in Wanchai on 11 July 1996. The applicant was a taxi driver. A traffic warden issued him with a fixed penalty ticket for illegal parking. He disputed the justification for her doing that.

2. According to her, this is what happened. He followed her shouting abuse at her. There came a time when they were standing in close proximity to each other. He was holding a bunch of keys in his left hand. She was holding her ticket book in her right hand. She felt a blow on the back of her right hand, so that she dropped her ticket book and stepped backwards. She had not seen the blow. But there was nobody other than the applicant physically in a position to strike her. The prosecution's case was that the only reasonable inference was that he had struck her with that bunch of keys.

3. According to him, however, he had merely tried to reason with her. But her reaction, he said, was to drop her ticket book deliberately and make a false allegation of assault against him.

4. A police officer attended the scene. It was an admitted fact at the trial that this officer witnessed redness on the back of the traffic warden's right hand.

5. The trial took place before J. Brennan Esq sitting in the Eastern Magistracy on 5 December 1996. After listening to those rival accounts, the Magistrate was satisfied beyond reasonable doubt that the truth had come from the traffic warden rather than the applicant. The Magistrate felt sure that the applicant had assaulted the traffic warden as charged. So he convicted the applicant accordingly.

6. The matter went on appeal to the High Court. It came on for hearing on 15 April 1997 before Mayo JA sitting as an additional judge of the High Court. Mayo JA saw no ground for interfering with the Magistrate's view of the facts. So he dismissed the appeal accordingly.

7. In seeking leave to appeal...

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