18 Jul 2005
HKSAR v. CHONG WAI MOON JOE
- Citation
- HKSAR v. CHONG WAI MOON JOE
- Court
- Court of First Instance
- Case number
- HCMA265/2005
The appeal is dismissed because (1) the magistrate was not required to speculate about what DW2 would have said and the circumstances differ materially from R v Holgate so Ground 1 fails, and (2) the magistrate was entitled, having seen and heard the witnesses, to prefer the prosecution evidence and to reject the defence witnesses on credibility grounds so Ground 2 fails; accordingly the convictions are safe and are upheld.