HKSAR v. OR CHUNG LAI AND ANOTHER

HKSAR v. OR CHUNG LAI AND ANOTHER

The appellate court found no error in the Magistrate's assessment of credibility and evidence; the prosecution had proved that Or unlawfully and maliciously wounded the victim and was not acting in self-defence, so Or's appeal was dismissed; Tang's appeal was treated as abandoned and dismissed.

Citation
HKSAR v. OR CHUNG LAI AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: Or Chung-lai; 2nd Appellant: Tang Chun-pang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 November 2000
Case Number
HCMA793/2000
Procedural Posture
Criminal Appeal (magistracy Appeal From TWCC 622/2000) / Hearing and Judgment in Court of First Instance
Outcome
Appeal by Or Chung-lai dismissed; appeal by Tang Chun-pang dismissed as abandoned; convictions as found by the Magistrate upheld (Or: wounding under s.19; Tang: common assault).
Legal Topics
Wounding, Self Defence, Credibility and Findings of Fact, Appeal Procedure, Common Assault
Source Language
EN
Criminal Law Wounding Self Defence Credibility and Findings of Fact Appeal Procedure Common Assault

Case Brief

Summary, issues, holding and outcome

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Parties

HKSAR

Respondent

Or Chung-lai

1st Appellant

Tang Chun-pang

2nd Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal From TWCC 622/2000) / Hearing and Judgment in Court of First Instance

Legal Issues

  1. 1 Whether the Magistrate erred in finding the appellant was not acting in self-defence
  2. 2 Whether the prosecution proved unlawful and malicious wounding contrary to s.19 Offences Against the Person Ordinance, Cap. 212
  3. 3 Whether the second appellant's failure to appear amounted to abandonment of his appeal

Ratio Decidendi

The appellate court found no error in the Magistrate's assessment of credibility and evidence; the prosecution had proved that Or unlawfully and maliciously wounded the victim and was not acting in self-defence, so Or's appeal was dismissed; Tang's appeal was treated as abandoned and dismissed.

Court Disposition

Appeal by Or Chung-lai dismissed; appeal by Tang Chun-pang dismissed as abandoned; convictions as found by the Magistrate upheld (Or: wounding under s.19; Tang: common assault).

Orders

  • Dismissal of Or Chung-lai's appeal
  • Dismissal of Tang Chun-pang's appeal as abandoned