HKSAR v. Lui Kin Hong, Jerry

CACC000378/1998

CACC 378/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO.378 OF 1998

(ON APPEAL FROM HCCC NO. 219 OF 1997)

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Coram: Power, Ag. Chief Judge, H.C., Mayo & Stuart-Moore, JJ.A.

Date of Hearing: 3, 4 & 5 February 1999

Date of Ruling: 5 February 1999

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R U L I N G

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Stuart-Moore, J.A. (giving the ruling of the Court):

1. Subject to any argument which Mr. Reading wishes to address as to the application of the proviso, we are in a position to indicate now that we are satisfied there is merit in the first ground of the appeal such as to warrant the quashing of the conviction. That is to say we are satisfied that crucial documentary evidence was wrongly introduced under section 22 of the Evidence Ordinance, Cap.8, which was used to establish the truth of the contents of the documents to be admitted. We shall, in due course, hand down our full reasons for this decision.

Representation:

Mr. John Reading, S.A.D.P.P. & Mr. Joseph To, S.G.C. for D.P.P./Respondent

Mr. Gerard McCoy, S.C. & Mr. Raymond Pierce instructed by Messrs. C.L. Chow & Lam for Applicant.