HKSAR v. Chan Ka Man

CACC 254/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 254OF 2005

(ON APPEAL FROM HCCC NO. 29 of 2005)

____________________

BETWEEN

____________________

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

Date of Hearing: 28 June 2007

Date of Judgment: 28 June 2007

___________________

J U D G M E N T

___________________

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

1.This is an application pursuant to section 32(2) of the Court of Final Appeal Ordinance, Cap. 484, for a certificate that a point of law of great and general importance arises from the judgment we gave on 31 May 2007.  Mr Ross, on the applicant’s behalf, has identified the point in his Notice of Motion dated 1 June 2007, as follows:

“Where an accused has been acquitted of an offence, and at a subsequent trial for another offence allegations on which the earlier offence was based are per se admissible for a purpose favourable to the accused, should

(a)    the acquittal be disclosed to the jury

(b)   the jury be directed as to the effect of the acquittal”

2.In our opinion, the law on the subject to which we believe the question is directed is well settled (see: HKSAR v Wong Sau-ming [2003] 6 HKCFAR 135).  Deputy High Court Judge Line gave his ruling at trial in total accordance with the decision in Wong Sau-ming.

3.Accordingly, we refuse to grant a certificate and the application is dismissed.

Mr Simon Tam, SGC, of the Department of Justice, for the Respondent.

Mr Phillip Ross, instructed by Messrs Lo Wong & Tsui, assigned by Director of Legal Aid, for the Applicant.