Professional Documents
Culture Documents
HCMA 477/2015
HCMA 478/2015
HCMA 479/2015
(Heard together)
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C
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D
E
BETWEEN
HKSAR
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C
D
E
F
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H
Respondent
and
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And
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N
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S
BETWEEN
HKSAR
Respondent
and
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- 2 A
C
D
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F
G
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BETWEEN
HKSAR
E
F
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I
Respondent
and
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M
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P
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JUDGMENT
R
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- 3 A
B
1.
HCMA 477/2015
2.
E
F
G
H
written document where the appellant claimed that Mr Wong had hit him
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and Ms Yip had refused his request to provide him with the CCTV tape.
I can see from the learned magistrates statement of findings that the
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2015 told him that she had seen the relevant CCTV footage but Ms Yip
had refused the request of the appellant to release the CCTV footage to
K
L
appellant and at the end of the day considered that there was no legal duty
on Ms Yip to produce the CCTV tape.
M
N
appellants 4-page submission to the learned magistrate, he did not say that
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Q
O
P
Q
3.
had not complied with its performance pledge to ensure residents comfort
- 4 A
B
and also he said that when the police came after this alleged assault. They
had not invited him to watch the relevant CCTV tape with them and the
C
D
E
failed to address his human rights, he also failed to hold the public hearing
C
D
E
which was against his legitimate expectation and no reasons were given by
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G
H
I
F
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H
him to properly decide the matter and in this case the learned magistrate
did refer to the information from the appellant in the appellants
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the appellant were violated in any form and I therefore dismiss the appeal.
HCMA 478/2015
6.
N
O
male on 14 March 2015. This alleged attack is similar is the attack which
is mentioned in the previous case in HCMA 477/2015.
Similarly the
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Q
R
S
- 5 A
B
7.
D
E
did in HCMA 477/2015 and having considered all the evidence and the
learned magistrates statement of findings do not find that the appellants
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rights were violated nor was the learned magistrate wrong in law. So the
F
appeal is dismissed.
HCMA 479/2015
H
8.
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in the lobby of the ground floor of Mei Tak House, Mei Tung Estate,
Kowloon.
9.
M
N
containing three audio clips. The learned magistrate listened to the three
audio clips and he described them at paragraph 7 of his statement of
findings. The first audio clip recorded a male making a call to complain
which was on 1 July 2015, then on the 3 July 2015 a male alleged a
security officer falling asleep with no greeting to the male. This may have
been the incident which involved Mr Wong against whom the appellant
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Q
R
S
T
- 6 A
B
had made an allegation of assault and then the final audio clip was on
24 Feb which would be months after the alleged incident with Ms Tsang
C
D
C
D
are self-serving clips even though giving the benefit of the doubt to the
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E
F
clip was two months after the alleged incident involving Ms Tsang, so the
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H
Mr Wong or Ms Tsang.
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S
10.
consider that on a careful analysis of what the appellant said that the
alleged assault by Ms Tsang was supposed to have been done by her
pushing a kitchen door and the said kitchen door hit him on his waist and
the alleged assault by Mr Wong on 3 July was that Mr Wong had hit the
desk violently with both hands using foul language. However as I have an
earlier noted the audio clip which was submitted by the appellant to the
learned magistrate merely demonstrated that Mr Wong had failed to greet
him and the male voice on the audio clip had asserted that Ms Tsang had
assaulted him without providing any basis for such assertion.
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L
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N
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- 7 A
B
11.
learned magistrate had committed any error of law or facts that would
C
(E Toh)
Judge of the Court of First Instance
High Court
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