HKSAR v. Tang Yuk Wah

CACC 183/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 183OF 2006

(ON APPEAL FROM DCCC NO. 1207 of 2004)

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BETWEEN

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

Date of Hearing: 11 July 2007

Date of Judgment: 11 July 2007

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J U D G M E N T

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Stuart-Moore VP:

1.We are asked to grant a certificate, pursuant to section 32(2) of the Court of Final Appeal Ordinance, Cap. 484, on what are said to be points of law of great and general importance arising from the decision we handed down on 7 June 2007.  These are set out in the Amended Notice of Motion dated 10 July 2007 and are as follows:

“1.     Whether evidence of an opinion by an expert, a psychiatrist, is not admissible only because it is about a fact in issue, namely whether the Applicant, by setting a fire, appreciated that as a result human life may be endangered.

2.       Is it necessary and sufficient to satisfy a finding of recklessness through gross and self-induced intoxication that an accused immediately prior to intoxication

(a)   foresaw that which occurred as a possible outcome of being intoxicated; or

(b)  foresaw that intoxication may lead to aggressive unpredictable and uncontrollable conduct and nevertheless ran the risk or otherwise disregarded it.”

2.We do not consider that it would be appropriate to grant a certificate on these questions.  Accordingly, the application is dismissed.

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

Mr Phillip Ross, instructed by Messrs Burke Fung & Li, assigned by Director of Legal Aid, for the Applicant.