HKSAR v. Wong Tak Fai

Read the full judgment text of CACC 64/2008 on BabelCite. This Court of Appeal judgment was delivered on 19 September 2008.

1. This morning we refused leave to the applicant to appeal against his conviction.  Mrs Panesar asked that we certify two questions which are said to involve points of law of great and general public importance.  These questions are

Cited by 2 cases

Case No.CACC 64/2008
Court
Court of Appeal
Date19 Sep 2008
Judge
Case Document
100%Judiciary

CACC 64/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 64 OF 2008

(ON APPEAL FROM HCCC NO. 210 OF 2007)

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BETWEEN    
  HKSAR Respondent
  and  
  WONG TAK FAI (黃德輝) Applicant

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Before:  Hon Tang VP, Suffiad J and Barnes J in Court

Date of Hearing: 19 September 2008

Date of Further Judgment: 19 September 2008

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FURTHER JUDGMENT

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Hon Tang VP (giving the further judgment of the Court):

1.This morning we refused leave to the applicant to appeal against his conviction.  Mrs Panesar asked that we certify two questions which are said to involve points of law of great and general public importance.  These questions are

1)  What directions should be given in a case where the accused elected not to give evidence in his defence?

2)  What directions should be given in a case where a mixed statement under caution was admitted into evidence?

2.We would not grant a certificate.  These questions are well settled and this is not a suitable case for certification by us.

(Robert Tang) (A.R. Suffiad) (Judianna Barnes)
Vice-President Judge of the Court of First Instance Judge of the Court of First Instance

Mr. Robert S. K. Lee, SC, SADPP and Ms. Winsome Chan, SPP, of the Department of Justice, for the Respondent.

Mrs. M. Panesar, instructed by Messrs Francis Kong & Co., for the Applicant.

Other Judgments in This Case

Further hearings and rulings under CACC 64/2008