11 Jan 2024
HKSAR v. YIP SIN WAH
- Citation
- [2024] HKCFI 139
- Court
- Court of First Instance
- Case number
- HCMA253/2022
The appeal is dismissed because the trial magistrate properly and carefully assessed the aural identification evidence (finding it credible and reliable), permissibly relied on surrounding circumstantial WhatsApp evidence as context (without treating its contents as proof of truth) to draw an irresistible inference of continuous conduct, and correctly concluded the words and conduct amounted to criminal intimidation with intent to alarm; there was no misapplication of law or undue prejudice warranting interference.