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HIGH COURT Magistracy Appeal LEUNG CHI KEI (梁智基) Appellant

Court High Court (Hong Kong)

Judgment Date 03 Mar 2009

Judgement Number HCMA801/2008

Subject Magistracy Appeal

HCMA801/2008 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 801 OF 2008 (ON APPEAL FROM ESCC 902 OF 2008) --------------------- BETWEEN HKSAR Respondent and LEUNG CHI KEI (梁智基) Appellant---------------------- Before : Deputy High Court Judge Longley in CourtDate of Hearing : 3 March 2009 Date of Judgment : 3 March 2009 ------------------------- J U D G M E N T ------------------------- 1. This is an appeal against the sentence of 15 months’ imprisonment imposed on the appellant following his conviction after trial of the offence of indecent assault. 2. The appellant has instructed his counsel to abandon his appeal against conviction which is accordingly dismissed. 3. The appellant, then aged 25, was charged with indecently assaulted Miss Cheng Yi Na, who was also aged 25, at the office of the company for which he worked on the 27th floor of Windsor House, Causeway Bay, during the late evening of 18 September 2007. 4. The appellant had known Miss Cheng for about a year. They had previously gone out with a group of friends but on the evening in question the appellant had asked her out on her own. They went to a restaurant in Paterson Street, Causeway Bay, where between them they consumed two bottles of wine. It is clear from a photograph taken of Miss Cheng during a meal that even at that stage she was feeling the effects of alcohol. On her own evidence she was “slightly drunk”. Following the meal the appellant asked her to accompany him to his office as he said that he had some work to complete, and that after that they would decide to where they would go on. 5. It is obvious from the CCTV film taken in the lift on their way up the 27th floor of Windsor House that the alcohol Miss Cheng had consumed was beginning to take its toll. She slid to the floor and after being helped to her feet by the appellant, they embraced. 6. They entered the appellant’s office. Miss Cheng sat on a chair while the appellant went through some papers. Miss Cheng then vomited into a rubbish bin. The appellant fetched a glass of water for her and sat beside her. He embraced her by putting his arms around her and kissing her. She tried to push him away but he persisted. In the struggle she fell face down on the floor. The appellant took...

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