HKSAR v. Macatangay Luis

CACC000166A/2000

CACC 166/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 166 OF 2000

(ON APPEAL FROM HCCC 328 OF 1999)

______________

______________

Coram: Hon Stuart-Moore VP, Mayo VP and Stock JA

Date of Hearing: 30 October 2001

Date of Decision: 30 October 2001

_______________

D E C I S I O N

_______________

Mayo VP (giving the decision of the Court):

The question which we are requested to certify in accordance with section 32 of the Court of Final Appeal Ordinance Cap. 484 is "When a prosecution witness is giving evidence during the course of prosecution case whether it is permissible or alternatively the duty of defence counsel during cross-examination to put to that witness an admissible document which will or can only be produced as part of the defence case when it is intended to discredit the said witness or undermine his reliability or merely to give the witness an opportunity to comment on the document in accordance with the rule in Browne v Dunn (1894) 6 R 67." We have considered this matter and have decided that it is not appropriate to issue the certificate requested.

Representation:

Ms Mary Sin, SADPP, of the Department of Justice, for the Respondent.

Mr E.L. McGuinniety, instructed by Messrs Howell & Co., for the Applicant.