HKSAR v. CHAN SHEK YEE

HKSAR v. CHAN SHEK YEE

The appeal was dismissed because the High Court found the magistrate's acceptance of PW1's credibility and identification, and the rejection of the appellant's evidence, were within the scope of the evidence and not plainly wrong; there was no basis to interfere and the conviction was therefore safe.

Citation
HKSAR v. CHAN SHEK YEE
Parties
Defendant (appellant): Appellant; Prosecution (respondent): Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 March 2017
Case Number
HCMA59/2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Magistrates' Court to High Court (hearing and Judgment)
Outcome
Appeal dismissed; conviction on charge 1 (criminal intimidation) affirmed
Legal Topics
Criminal Intimidation, Triad Membership/claiming to Be a Triad Member, Witness Credibility, Identification Evidence, Unsafe/unsatisfactory Conviction
Source Language
EN
Criminal Law Appeals Evidence Criminal Intimidation Triad Membership/claiming to Be a Triad Member Witness Credibility Identification Evidence Unsafe/unsatisfactory Conviction

Case Brief

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Parties

Appellant

Defendant (appellant)

Respondent

Prosecution (respondent)

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Magistrates' Court to High Court (hearing and Judgment)

Legal Issues

  1. 1 Whether the trial magistrate erred in accepting the credibility and identification evidence of PW1
  2. 2 Whether the magistrate improperly rejected the appellant's evidence
  3. 3 Whether the conviction is unsafe or unsatisfactory in all the circumstances

Ratio Decidendi

The appeal was dismissed because the High Court found the magistrate's acceptance of PW1's credibility and identification, and the rejection of the appellant's evidence, were within the scope of the evidence and not plainly wrong; there was no basis to interfere and the conviction was therefore safe.

Court Disposition

Appeal dismissed; conviction on charge 1 (criminal intimidation) affirmed

Orders

  • Appeal dismissed
  • Conviction on charge 1 (criminal intimidation) upheld