HKSAR v. Wong Kwok Wang, Warren

CACC 45/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 45 OF 2005

(ON APPEAL FROM HCCC NO. 321 of 2003)

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

Date of Hearing: 9 May 2008

Date of Judgment: 9 May 2008

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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.On 20 March 2008 we delivered judgment in this matter by which we rejected the applicant’s application for leave to appeal against conviction.

2.By notice of motion dated 27 March 2008 the applicant, pursuant to the provisions of section 32 of the Court of Final Appeal Ordinance, Cap. 484, seeks a certificate that the following questions of law of great and general importance were involved in our decision:

“i.  In a case where the testimony of a prosecution witness is vital to the conviction of a defendant and the said defendant chooses to testify in his own defence, whether there is a rule of evidence that said defendant cannot be cross-examined as to the motive of the said prosecution witness to lie?

ii.   If the answer to i. is YES, does the rule extend to cases where in addition to the testimony of the principal witness there is some other evidence available to the prosecution but which evidence does not of itself implicate the defendant?”

3.We decline to grant the certificate and the application is dismissed.

Mr Prakash L Daryanani, SGC, of the Department of Justice, for the Respondent.

Mr Gerard McCoy, SC, and Mr Felix Hoe, instructed by Messrs Arthur Au & Co, for the Applicant.