HKSAR v. CHEUNG KAM SEUNG
- Citation
- HKSAR v. CHEUNG KAM SEUNG
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 31 July 2007
- Posture
- Magistracy Appeal (criminal) / Appellate Decision in Court of First Instance
- Case number
- HCMA508/2007
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 31 July 2007
- Posture
- Magistracy Appeal (criminal) / Appellate Decision in Court of First Instance
- Case number
- HCMA508/2007
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal was dismissed because the Court found no very good reason to overturn the magistrate's factual and credibility findings; the magistrate's acceptance of the respondent's evidence and rejection of the appellant's evidence was a factual determination entitled to deference.
Court disposition
Appeal against conviction dismissed.
Orders
- Appeal against conviction dismissed.
02
Material facts
Parties
HKSAR
Respondent Counsel: Miss Teresa Kam, GC of the Department of JusticeCHEUNG KAM SEUNG
Appellant Counsel: Self-represented03
Procedural history
Posture
Magistracy Appeal (criminal) / Appellate Decision in Court of First Instance
04
Questions and positions
Legal issues
- 01
Whether the magistrate's findings of fact and credibility should be overturned on appeal
- 02
Whether the appellant's evidence should have been preferred over the respondent's evidence
Party arguments
- Applicant
- Appellant contended the conviction was unsafe and that the magistrate erred in accepting the respondent's evidence and rejecting the appellant's evidence.
- Respondent
- Prosecution submitted that the magistrate's findings on credibility were factual determinations entitled to deference and should not be overturned absent very good reasons.
05
Court’s reasoning
Legal principles
- 01
Common law appellate review principles
Findings of fact and credibility made by a trial magistrate should not be overturned on appeal except for very good reasons.
- 02
Common law appellate review principles
Appellate courts defer to trial judges on assessments of witness credibility and factual findings.
06
Ratio, limits and disposition
Ratio decidendi
The appeal was dismissed because the Court found no very good reason to overturn the magistrate's factual and credibility findings; the magistrate's acceptance of the respondent's evidence and rejection of the appellant's evidence was a factual determination entitled to deference.
Obiter and limits
- Appellate interference with factual findings is limited and requires clear justification.
Court disposition
Appeal against conviction dismissed.
- Appeal against conviction dismissed.
Source and reliance status
Court of First Instance · 31 July 2007
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Judgment reading view
Judgment text
The complete available source text.
Court of First Instance
Judgment· 31 July 2007
bjbj HCMA508/2007
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 508 OF 2007 (ON APPEAL FROM TWCC 1019 OF 2007) ---------------------
BETWEEN HKSAR Respondent and CHEUNG KAM SEUNG ( in law to accept the evidence of the respondent and to reject that of the appellant. This is a finding of fact by the magistrate and should not be overturned unless for very good reasons.
AUTONUMOUT The appeal against conviction is dismissed. (Peter Nguyen) Judge of the Court of First Instance, High Court Miss Teresa Kam, GC of the Department of Justice, for HKSAR The Appellant in person, present
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