R. v. Chan Tung Cheung

CACC000198A/1995

IN THE COURT OF APPEAL

1995, No 198

(Criminal)

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Coram: Bokhary, Ching JJ.A. & Gall J. in Court

Date of hearing: 19 December 1996

Date of ruling: 19 December 1996

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R U L I N G

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Bokhary JA:

1. There is no choice but to adjourn this matter part-heard and to send for further transcript.

2. We send for the transcript of the evidence of: (i) Inspector Kenneth Chang; (ii) the accomplice, Mr Chan Shek-kwong; and (iii) the applicant, Mr Chan Tung-cheung, who was the 1st accused at the trial.

3. When we say "the evidence", we mean of course the whole of the witnesses' evidence: evidence-in-chief, cross-examination and any re-examination.

4. We also send for the transcript of: (i) the legal argument relating to whether the applicant, the 1st accused at the trial, could be cross-examined by prosecuting counsel on the matters which he had placed before the court in connection with his bail application; (ii) the judge's ruling that he could be so cross-examined; and (iii) the closing speeches of all counsel at the trial.

5. Accordingly, the matter is adjourned to a fresh date to be fixed, which will be after the members of this Court and both sides have been supplied with the further transcript for which we send.

6. If over the adjournment either side thinks of any other matter it wishes to have transcribed, that can be dealt with. In the event of agreement between both sides as to anything else to be transcribed, a joint letter from them to my clerk should be written first. I might be able to give the necessary directions in that regard without troubling my brothers or re-convening the Court.

Representation:

Mr Philip Dykes (instructed by M/s Kok & Ha) for the applicant

Mr G DiFazio (of the Attorney General's Chambers) for the respondent