HKSAR v. CHEUNG DICK HUNG

HKSAR v. CHEUNG DICK HUNG

The appellate court held the magistrate had considered the discrepancies between police witnesses but reasonably concluded the central fact—that the appellant pushed PW2—was established; the magistrate's remarks did not amount to disqualifying bias and the conviction was not unsafe, therefore the appeal must be dismissed.

Citation
HKSAR v. CHEUNG DICK HUNG
Parties
Appellant: Appellant; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2011
Case Number
HCMA433/2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction to the Court of First Instance (high Court)
Outcome
Appeal dismissed; conviction affirmed
Legal Topics
Resisting Arrest, Failure to Provide Breath Specimen, Appeal Against Conviction, Credibility of Witnesses, Judicial Bias
Source Language
EN
Criminal Law Evidence Procedure Resisting Arrest Failure to Provide Breath Specimen Appeal Against Conviction Credibility of Witnesses Judicial Bias

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction to the Court of First Instance (high Court)

Legal Issues

  1. 1 Whether discrepancies between police witnesses rendered the conviction unsafe
  2. 2 Whether the trial magistrate gave appropriate weight to contradictions in evidence
  3. 3 Whether remarks by the magistrate created a real danger or appearance of bias

Ratio Decidendi

The appellate court held the magistrate had considered the discrepancies between police witnesses but reasonably concluded the central fact—that the appellant pushed PW2—was established; the magistrate's remarks did not amount to disqualifying bias and the conviction was not unsafe, therefore the appeal must be dismissed.

Court Disposition

Appeal dismissed; conviction affirmed

Orders

  • Appeal dismissed
  • Conviction on resisting a police officer affirmed