HKSAR v. Chow Yan Hong and Another

CACC000469/1998

CACC 469/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 469 OF 1998

(ON APPEAL FROM HCCC 131/1998)

--------------------------

Coram: Hon. Mayo, Leong and Keith, JJ.A. in Court

Date of hearing: 23 September 1999

Date of delivery of judgment: 23 September 1999

----------------------

D E C I S I O N

----------------------

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

1. The question of law we were requested to certify was "whether, in a case where each of 2 or more accused testify that they are innocent of the offence and their co-accused is guilty of that offence, it is permissible in law for the trial judge to limit the use that the jury may make of that evidence by directing them that they may not use the evidence of one accused in convicting the co-accused?"

2. For us to grant a certificate under s.32 of Court of Final Appeal Ordinance, Cap. 484 we have to be satisfied that a matter of great and general importance arises.

3. It is our understanding that the direction which is complained of was not taken from any of the model or specimen directions currently being used by Judges. This being the case it appears to be unlikely that a direction in precisely this form will be incorporated in directions being given in future cases.

4. In other words it has the characteristics of being a "one off situation". In these circumstances we do not consider that it would be appropriate for us to give the certificate requested.

5. The application is refused.

Representation:

Mr. M.C. Blanchflower, D.P.G.C. (D.P.P.) for Respondent

Mr. Jerome Matthews & Mr. Victor Luk instructed by M/S Y.T. Szeto & Co. for 1st Applicant (A1)

Mr. John Haynes instructed by M/S Josip Ma & Co. for 2nd Applicant (A2)