HKSAR v. Kwok Tsz Lok, Leo

CACC 200/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 200 OF 2008

(On Appeal FROM HCCC No. 289 of 2007)

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BETWEEN

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Before : Hon Stock VP, Hartmann JA and Lunn J in Court

Date of Hearing : 29 July 2011

Date of Judgment : 29 July 2011

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J U D G M E N T

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Hon Hartmann JA (giving judgment of the Court) :

1.We have before us an application made pursuant to s.32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, for the granting of a certificate out of time that a point of law of great and general importance is involved in the judgment of this Court handed down on 19 January 2011.

2.The point of law is drafted in the following terms:

“ To what extent, even if a defence involves an allegation that other indicted co-defendants are guilty of the offence alleged, does it nevertheless remain an obligation for a judge to direct the jury that they must disregard such pleas or convictions when deciding on the “guilt”, rather than the “innocence” of the accused in their charges?”

3.The question, somewhat awkwardly posed, seeks to know to what extent, in the circumstances stated, it remains an obligation on a judge to give the direction described?  Inevitably, the answer to the question must be: ‘it depends’.  In short, the issue is case specific.

4.We are therefore satisfied that the point of law suggested is not one of great and general importance.  The application is dismissed.

Mr Edmond Lee, SPP of Department of Justice for the Respondent

Mr James H M McGowan, instructed by Messrs Ivan Tang & Co. (assigned by DLA), for the Applicant