Lai Kai Sui v Hksar

Judgment Cited in Precedent Map Related
Judgment Date01 December 1997
Year1997
Judgement NumberFAMC8/1997
CourtCourt of Final Appeal (Hong Kong)
FAMC000008/1997 LAI KAI SUI v. HKSAR

FAMC000008/1997

FAMC No. 8 of 1997

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 8 OF 1997 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA 383 OF 1997)

____________________

Between :
LAI KAI SUI Appellant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

____________________

Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Bokhary PJ

Date of Hearing: 1 December 1997

Date of Determination: 1 December 1997

________________________

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

________________________

1. This is the determination of the Appeal Committee, pursuant to s32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap 484.

2. On 7 April 1997 the applicant was convicted at the Tsuen Wan Magistracy on two charges of common assault and one charge of assaulting a police officer in the execution of his duty. He was fined $500 on each of the two common assault charges and sentenced to 28 days' imprisonment on the charge of assaulting a police officer. The common assault charges arose from an altercation between the applicant and a Madam Li Hung (PW1) in which PW1's husband CHAU Yau-yu (PW2) became involved. This took place at the couple's home on 1 March 1996, shortly after midnight. Later that morning, when the applicant was at the police station, he became violent and assaulted the police officer who was taking a statement from him....

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