A MAN who was convicted of indecently assaulting a woman by kissing her on the cheek may have suffered a serious miscarriage of justice, a High Court judge said yesterday. Kung Mei-kam, 42, in his appeal against conviction, said he had already been acquitted of the charge in Western Court. Mr Justice Keith said that if Kung's version were correct it was a serious blot on the administration of justice, because no one could be tried a second time for an offence for which he had been acquitted. The High Court heard the woman worked at night at a car park and the alleged assault happened there on Valentine's Day last year. Kung said that after being acquitted the first time, he was convicted of common assault for bumping into the woman when she suddenly stopped. He said he successfully appealed to the High Court and the fine of $250 was set aside. But he said he was later tried again for indecent assault and was convicted on November 17 last year by Magistrate Mary Yuen, also at Western Court. Senior Crown Counsel Patrick Cheung said he had no knowledge of an earlier trial. The judge adjourned the case for inquiries to be made and warned that if it were true, he wanted an explanation as to how it came about because the conviction had had a serious impact on Kung's life. A conviction in such circumstances could not stand, he added. The judge said it could be that a retrial was ordered after Kung successfully appealed last time, but even so, he could not be tried again for indecent assault, only for common assault. Kung had told the judge that his wife wanted a divorce and he had lost two jobs when the employers found out about the case.