HKSAR v. Lam Chi Kwong

CACC000354A/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No.354
(Criminal)

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

Date of Hearing: 27 March 1998

Date of Judgment: 27 March 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. We are asked to certify that the following are matters of great and general public importance:

"(1) Whether in a criminal case in which evidence is adduced of a defendant's history of violent behaviour it is a misdirection to tell the jury that they cannot look at that history and infer that because he has been violent on other occasions, he must be guilty on this occasion, and whether the use of the word 'must' rather than 'might' in such a direction is inadequate.

(2) Whether it is permissible for a judge in a criminal case to direct the jury that they may take into account in determining the credibility of the defendant the fact that he may face serious consequences in terms of sentence if convicted and therefore has or may have a motive to tell lies.

(3) If the answer to question (2) is 'No,' whether it is open to the Court of Appeal in a murder case to apply the proviso in a case in which the central issue was whether the defendant intended to kill or whether the killing was one in the course of an unlawful act when, on the defendant's evidence, the gun was discharged unintentionally."

2. We have considered those matters and are satisfied that, while each was of moment in the instant prosecution, none cross that threshold. We therefore refuse to certify.

Representation:

Mr. A.A. Bruce, S.C. & Mr. Edmond Lee (D.P.P.) for the Respondent.

Mr. Adrian Huggins, S.C. & Mr. Robert Buchanan instructed by Messrs. Weir & Associates for the Applicant.

Application by the applicant dismissed by Appeal Committee of Court of Final Appeal. Please refer to FAMC10/1998 dated 13 July 1998