CHAN CHI HOU v. HKSAR

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO.1 OF 1997

(ON APPEAL FROM HIGH COURT CASE NO. 63 OF 1996)

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D E C I S I O N

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Chan, CJHC :

We do not think there is any point of law of great and general importance. This is because the prosecution at the hearing of the appeal and also today have conceded that there is a general duty of disclosure. In the judgment delivered in this appeal, we did not depart from the principle regarding the general duty of disclosure as set out in the Ward case. The remarks in question did not have that effect. What we decided in this appeal was that in the circumstances of this case, it had not been demonstrated to us that the statement or evidence in question would have the effect of tending to weaken the prosecution's case or strengthen the defence. We refused the application to adduce that statement as further evidence and therefore the ground of appeal relating to this point failed. We do not see any merits in the present application and we refuse it.