WONG SAU MING v. HKSAR

FAMC No. 28 of 2002

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 28 OF 2002 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 85 OF 2001)

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ:

1. The first question, as raised in the course of this application, is this. Where it is alleged that a witness fabricated evidence against the accused, can the court permit it to be brought out that that witness's evidence was not accepted in an earlier case in which a comparable allegation had been made against him, or can that be permitted only if it is established that the witness had lied in the earlier case?

2. The second question raised in the course of the application is this. Where it is alleged that a witness fabricated evidence against the accused, and it is brought out that that witness had lied or that his evidence had not been accepted in an earlier case in which a similar allegation had been made against him, is it permissible to invite the jury to examine and determine whether he had indeed lied or his evidence had indeed not been accepted in the earlier case?

3. In our view, these are arguable questions of law of great and general importance, and we, extending time, certify them and grant leave to appeal to the Court of Final Appeal.

4. When this matter comes before the Court, there will be an opportunity to consider the appropriate threshold for letting in such matters and how such matters, if let in, are to be received and approached.

5. We think that the appellant should be represented by two counsel, one of them a Senior Counsel. And we think that the leader should be briefed at any early stage so that he or she may participate in the preparation of the appellant's printed case. We would be obliged if these remarks are promptly drawn to the Director of Legal Aid's attention.