Conviction upheld for artiste and policeman
2003-11-28
The Court of First Instance today (Friday) dismissed the appeals of artiste Nicholas Tse and Police Constable Lau Chi-wai against their convictions of conspiracy to pervert the course of public justice in relation to a traffic accident.
Tse, 23, and Lau, 29, were both found guilty at Western Magistracy in October last year. Tse was ordered to perform 240 hours of community service, while Lau was sentenced to six months' imprisonment.
Upholding the conviction of Tse, Madam Justice Clare-Marie Beeson rejected his argument that there was no direct evidence that he was party to an agreement.
The Judge said the magistrate was correct to find that participation, such as that exemplified by the behavior of Tse, need not be active as it was the element of agreement which had to be established.
The Judge said the contention that Tse was an inactive on-looker who knew what was going on but had not joined in the agreement, ignored the reality that the substitution was for his benefit.
The Judge also rejected Tse's argument that the magistrate had failed to give any or sufficient weight to evidence which indicated that a major prosecution witness was manifestly unreliable.
"A magistrate in carrying out the assessment of witnesses is entitled to accept all, part or none of a witness' evidence.
"In this case there is nothing to justify this court interfering with the magistrate's finding on [the relevant prosecution witness'] credibility," the Judge remarked.
Rejecting Lau's argument in relation to the magistrate's assessment of evidence given by a defence witness, the Judge ruled that there was no basis for saying that the magistrate misunderstood the evidence, or that he misdirected himself.
Tse and Lau were convicted on one count of conspiring together and with Shing Kwok-ting and Chow Chu-fai to pervert the course of public justice between March 23 and April 12, 2002.
The court heard that Tse and Lau had allowed Shing to falsely present himself, in substitution for Tse, as the driver of a private car in the police investigation of a traffic accident which took place at Cotton Tree Drive, Central, on March 23, 2002.
Lau was today ordered to serve the six-month jail term earlier meted out to him.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Bernard Ryan and Senior Government Counsel Gary Lam, assisted by ICAC officer Winnie Wong.
Tse, 23, and Lau, 29, were both found guilty at Western Magistracy in October last year. Tse was ordered to perform 240 hours of community service, while Lau was sentenced to six months' imprisonment.
Upholding the conviction of Tse, Madam Justice Clare-Marie Beeson rejected his argument that there was no direct evidence that he was party to an agreement.
The Judge said the magistrate was correct to find that participation, such as that exemplified by the behavior of Tse, need not be active as it was the element of agreement which had to be established.
The Judge said the contention that Tse was an inactive on-looker who knew what was going on but had not joined in the agreement, ignored the reality that the substitution was for his benefit.
The Judge also rejected Tse's argument that the magistrate had failed to give any or sufficient weight to evidence which indicated that a major prosecution witness was manifestly unreliable.
"A magistrate in carrying out the assessment of witnesses is entitled to accept all, part or none of a witness' evidence.
"In this case there is nothing to justify this court interfering with the magistrate's finding on [the relevant prosecution witness'] credibility," the Judge remarked.
Rejecting Lau's argument in relation to the magistrate's assessment of evidence given by a defence witness, the Judge ruled that there was no basis for saying that the magistrate misunderstood the evidence, or that he misdirected himself.
Tse and Lau were convicted on one count of conspiring together and with Shing Kwok-ting and Chow Chu-fai to pervert the course of public justice between March 23 and April 12, 2002.
The court heard that Tse and Lau had allowed Shing to falsely present himself, in substitution for Tse, as the driver of a private car in the police investigation of a traffic accident which took place at Cotton Tree Drive, Central, on March 23, 2002.
Lau was today ordered to serve the six-month jail term earlier meted out to him.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Bernard Ryan and Senior Government Counsel Gary Lam, assisted by ICAC officer Winnie Wong.