The Queen v. Cheng Kee-yick and Another

CACC000610/1983

IN THE HIGH COURT OF HONG KONG

(Appellate Jurisdiction)

Criminal Appeal No. 610 of 1983

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Between

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Coram: Hon. Penlington, J. in Court

Date: 27th June, 1983

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JUDGMENT

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1. This is an appeal against conviction resulting from an incident which occurred on the 17th of December last. The main Crown witness was a Mr. Cheng who is an Immigration Officer. He said that arrival home on that day he found his mother struggling with his younger brother who was the 1st defendant in the court below and the let appellant here. He said that he managed to get a knife from his younger brother, but that there was another person present, who is the 2nd appellant here and the 3rd defendant of the court below.   There was a dispute in which the 1st appellant said he was a member of` a Triad Association 415.  He then made a telephone call which is of considerable importance. Mr. Cheng said that in his telephone conversation the 1st appellant said he was going to ring up "several brothers" and that in the course of their conversation he said to somebody who apparently was the 2nd defendant of the court below and who does not appeal "Bring along that Japanese knife too".

2. Mr. Cheng said on hearing in this, he was frightened. Later on, another two people arrived, one of whom, the 2nd appellant, brought a long knife. Mr. Cheng said on seeing this he felt very frightened.

3. The evidence of the telephone conversation is neither supported nor contradicted by the evidence of Mrs. Chan Sui Yung, the mother of the 1st appellant. She just confirmed that there was a telephone conversation and as a result of that telephone conversation two other people did arrive. The ground of appeal here is that she did not refer to the telephone conversation relating to the bringing of the knife, she does, however, certainly confirm that the knife was brought.

4. The magistrate's statement of findings in relation to the 1st appellant is brief. In her statement of findings in relation to the other appellant she says

"both of the witnesses gave evidence in the convincing, credible manner, bearing in mind their relationship to the defendant this went a long way in my believing in their testimony.  "

5. I think that is quite right when one has the brother and mother of a defendant giving evidence. If everything they will be inclined to place as favourable a light on it as they can. I am satisfied that the magistrate could accept the evidence given by P.W.1 and if she did so she was quite entitled to come to the conclusion that she did.  I see no reason why I should disagree with those findings of fact and the appeal of both the appellants is dismissed.

Representation:

Miss Crebbin, Counsel for Crown.

Paul Fok (H.K.So & Co.) for the 2nd appellant.

1st appellant in person.