HKSAR v. Lee Kwan Kong and Another

CACC 198/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 198 OF 2004

(ON APPEAL FROM HCCC NO. 216 of 2003)

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BETWEEN

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Before:   Hon Stuart-Moore VP, Stock JA and Burrell J

Date of Hearing: 21 February 2006

Date of Judgment: 21 February 2006

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J U D G M E N T

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Stuart-Moore, VP (giving the judgment of the Court):

1.This is an application for a certificate, pursuant to section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, that a point of law of great and general importance was involved in the judgment of this court which was handed down on 1 February 2006.

2.The proposed question of law, as set out in the Notice of Motion dated 11 February 2006, is as follows:

“Whether a direction along the lines recommended in R v. Nedrick [1986] 83 Cr. App. P.267 and considered in R v. [Woollin] [1999] 1 A.C. 82 should be given in all murder case[s] where the Defendant may not have desired the result of his acts and it is common ground that there never was any intent to kill?”

3.We do not consider that a point of law of great and general importance arises from our decision.  The law is well settled on this topic and it was applied to the facts of this case.

4.Accordingly, we decline to certify and the application is dismissed.

Mr Alain Sham, SADPP, of the Department of Justice, for the Respondent.

Mr Maurice P Tracy, instructed by Messrs J Chan, Yip, So & Partners (assigned by Director of Legal Aid), for the 1^st Applicant (D1)

Mr Maurice P Tracy, instructed by Messrs Tung, Ng, Tse & Heung (assigned by Director of Legal Aid), for the 2^nd Applicant (D3)