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CACC000032A/2000
CACC32/2000
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 32 OF 2000
(ON APPEAL FROM DCCC 565 OF 1999)
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HKSAR |
Respondent |
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FAN MAN SHING |
Applicant |
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Coram: Hon Stuart-Moore, Ag. CJHC, Mayo VP and Suffiad J in Court
Date of Hearing: 27 July 2001
Date of Decision: 27 July 2001
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D E C I S I O N
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Hon Mayo VP (giving the decision of the Court):
1. The three questions which we are invited to certify as being of great and general importance are:
(1) Is it a breach of the rules of natural justice to draw attention of the applicant to section 83W of Cap. 221 before the application begins?
(2) Is it necessary to call identification witnesses to give evidence when the evidence of identification is disputed?
(3) When there is evidence from the same witness which is contradictory, is it required for the Court to give reasons why it prefers the evidence that supports the prosecution case?
2. We decline to grant a certificate for any of these questions.
| (M. Stuart-Moore) |
(Simon Mayo) |
(A.R. Suffiad) |
| Ag. Chief Judge High Court |
Vice-President |
Judge of the Court of First Instance |
Representation:
Mr P.S. Chapman, SADPP & Mr Raymond Cheng, GC of the Department of Justice for the respondent
Mr Rupert Spicer, instructed by Messrs Paul W Tse for the applicant
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