Barrister Lau Sai Luk in K M Chong’s Chambers Had No Ground To Appeal Against His Criminal Conviction
Barrister Lau Sai Luk in K M Chong’s Chambers Had No Ground To Appeal Against His Criminal Conviction
https://hk.appledaily.com/loca
資深大律師清洪徒弟劉世祿大律師,前年以手推車撞超市經理,罪成
於1997年成為大律師的劉世祿,曾任博愛醫院總理,2012年
早於今年1月,劉已獲准將上訴押後一次,但昨晨又以聘請律師為由
法官指審訊謄本當中160頁涉及劉以種種理由申請押後,只有5頁
惟下午開庭時,劉又表示不適,甚至「口擘擘」,稱太大壓力,下巴
劉陳詞稱審訊時只有七天時間請律師,並不足夠,以致無法盤問證人
散庭後,劉稱對攝記的背包膠轆感恐懼,拒絕同𨋢落樓,要求保安阻
案件編號:HCMA715/13
... 18. Apart from making oral submissions to supplement these 6 written grounds, the appellant added one final ground: there was, according to him, “strictly speaking no trial” as he could not be compelled to act in person and that he did not actively take part in the trial proceedings...
... 37. It is absurd for the appellant to assert that there was no trial in his case because he was compelled to act in person and he had not actively taken part in the trial. The magistrate had patiently explained the procedure and his rights to him, on more than one occasion. I am satisfied that even a lay-person without any legal knowledge would have understood, let alone someone in the position of the appellant. The appellant refused to avail himself of the opportunity to challenge the evidence of Mr Wong and he never put the defence case to Mr Wong...
... 40. On the unchallenged evidence before him, the magistrate was clearly entitled, as a fact finder, to find that the second hit was done deliberately and amounted to a common assault. There was nothing unsafe about the conviction...
... 41. For these reasons, I dismissed the appeal against conviction...
https://legalref.judiciary.hk/
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