HKSAR v. Wong Man Tat
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CACC000635/1997 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL 1997, No.635
------------------------------- Coram: Hon. Power, V.-P., Mayo & Leong, JJ.A. Date of Hearing: 29 April 1998 Date of Ruling: 29 April 1998 ---------------------- R U L I N G ---------------------- Power, V.-P. (giving the ruling of the Court): 1. This applicant was convicted after trial before Deputy Judge McMahon on 16th September 1997. He was sentenced to imprisonment for nine years on 7th October of that year and on 21st October he filed a Notice to Appeal setting out two grounds. These grounds alleged that the conviction was not a proper one as the prosecution had failed to prove their case beyond a reasonable doubt, and also alleged that the trial judge had failed properly and fairly to direct the jury on the evidence adduced. 2. The applicant applied for Legal Aid but was refused on 9th January 1998. He, on 16th February, appeared at a call-over when he told the court that he was considering obtaining legal representation. 3. For the first time today, he makes allegations that his counsel failed properly to conduct his defence. He alleges that there was a failure to cross-examine upon vital matters, a failure to act upon his instructions, and a failure properly to advise him, particularly as to whether or not he should give evidence. If he were to be permitted to argue these matters, his Notice of Appeal and his original grounds would have to be amended to include them. We are not prepared at this late stage to allow any such amendment. The appeal will proceed upon the basis of the original Notice of Appeal. 4. He has finally asked us to order that he be given legal aid. We are not prepared to do so. We will hear him now in his submissions on his original grounds.
Representation: Mr. D.G. Saw, S.C. & Miss Lily Wong, G.C. (D.P.P.) for the Respondent. Applicant in person. |