HKSAR v. Fan Man Shing

CACC000032A/2000

CACC32/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 32 OF 2000

(ON APPEAL FROM DCCC 565 OF 1999)

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Coram: Hon Stuart-Moore, Ag. CJHC, Mayo VP and Suffiad J in Court

Date of Hearing: 27 July 2001

Date of Decision: 27 July 2001

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D E C I S I O N

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Hon Mayo VP (giving the decision of the Court):

1.The three questions which we are invited to certify as being of great and general importance are:

(1) Is it a breach of the rules of natural justice to draw attention of the applicant to section 83W of Cap. 221 before the application begins?

(2) Is it necessary to call identification witnesses to give evidence when the evidence of identification is disputed?

(3) When there is evidence from the same witness which is contradictory, is it required for the Court to give reasons why it prefers the evidence that supports the prosecution case?

2.We decline to grant a certificate for any of these questions.

Representation:

Mr P.S. Chapman, SADPP & Mr Raymond Cheng, GC of the Department of Justice for the respondent

Mr Rupert Spicer, instructed by Messrs Paul W Tse for the applicant