Tang Yuk Wah v. HKSAR

FAMC No. 56 of 2007

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 56 OF 2007 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 183 OF 2006)

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Between:

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Appeal Committee : Chief Justice Li, Mr Justice Bokhary PJ and Mr Justice Chan PJ

Date of Hearing : 12 December 2007

Date of Determination : 12 December 2007

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DETERMINATION

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Mr Justice Bokhary PJ :

1.We certify the involvement of two points of law of great and general importance.  The first is the point raised by the question whether psychiatric evidence is admissible to show that an accused’s drug or drink induced condition negatived his intention to cause or capacity to appreciate the danger to life created by his conduct.  And the second point is the one raised by the question whether such a condition is a defence where the accused has only himself to blame for its existence.

2.We are persuaded that it is arguable that substantial and grave injustice was done to the applicant by the way in which the trial judge went about rejecting the psychiatric evidence.

3.Accordingly leave to appeal to the Court of Final Appeal is granted on both limbs of s.32(2) of the Court’s statute, namely the “point of law of great and general importance” limb and the “substantial and grave injustice” limb.

Mr Phillip Ross (instructed by Messrs Hoosenally & Neo and assigned by the Legal Aid Department) for the applicant

Mr Simon Tam (of the Department of Justice) for the respondent