HKSAR v. Liu Sung Wai

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No.14
(Criminal)

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Coram: Power, V.-P., Mayo and Stuart-Moore, JJ.A.

Date of Hearing: 20 March 1998

Date of Judgment: 15 May 1998

Date of Handing Down Decision: 27 May 1998

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D E C I S I O N

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Power, V.-P. (giving the decision of the court):

1. This matter involved an appeal against conviction on one charge of procuring an entry in a bank record by deception and five charges of obtaining property by deception. Deputy District Judge Day relied, inter alia, when convicting upon evidence obtained in the United States of America pursuant to a Letter of Request issued under s.77F of Part VIIIA of the Evidence Ordinance. The appeal having been dismissed, this court was asked to certify pursuant to s.32(2) of the Court of Final appeal Ordinance that a point of law of great and general importance was involved in the decision.

2. It was submitted by Mr. McCoy, for the appellant, that the decision involved a determination as to whether the Evidence Ordinance or the common law permitted Hong Kong prosecution counsel to:

(a) sit as an independent Examiner in the hearing in the United states which obtained evidence for the use in the trial, and

(b) thereafter to give evidence as a prosecution witness in relation to that examination in the proceedings in Hong Kong, and thereafter

(c) to sign as Prosecution Counsel an Amended Charge Sheet in relation to the defendant.

3. Mr. McCoy submits that the above involve points of law of great and general importance. We do not agree. The circumstances were individual to this case and are, in our view, unlikely to occur again. We refuse to certify.

Representation:

Mr. A.E. Schapel, S.A.D.P.P. for D.P.P./Respondent

Mr. McCoy S.C. & Mr. Maurice Peter Tracy instructed by D.L.A. for the Applicant.