HKSAR v. Liu Ying Fai

CACC000451A/1998

CACC 451/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 451 OF 1998

(ON APPEAL FROM DCCC 569/1998)

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Coram: Hon. Nazareth, V.-P., Mayo and Rogers, JJ.A. in Court

Date of hearing: 5 May 1999

Date of delivery of decision: 5 May 1999

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D E C I S I O N

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Mayo J.A. (giving the decision of the Court):

1. The question sought to be certified is:

"Whether a judge sitting alone should give and be seen to have given himself a good character direction in the circumstance of this case where dishonesty is one of the elements of the offence charged."

2. We do not consider that this is a question of great and general importance. Each and every case is dependent upon its particular facts and it is not desirable to attempt to lay down any hard and fast rule.

3. This motion is refused.

Representation:

Mr. Cheung Wai-sun, D.P.G.C.. (D.P.P.) for Respondent

Mr. Eric Kwok assigned by D.L.A. for Applicant