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CACC000074A/1986
| IN THE COURT OF APPEAL |
1986, No. 74
(Criminal)
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BETWEEN
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THE QUEEN
and
LAU MAN-CHEUNG
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Coram: Sir Alan Huggins, V.-P., Fuad, J. A & Clough, J.
Date of judgment: 7th May 1986
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REASONS FOR DECISION
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Sir Alan Huggins, V.-P.:
1. Last week a civil case which had been fixed for hearing in this division became ineffective and today's date became available for some other proceeding. The Clerk of the Court communicated with the Legal Department and with counsel for the Appellant and was informed that counsel were available to argue this appeal today. The hearing was accordingly fixed towards the end of last week.
2. On 5th May I received an application on behalf of the Crown to adjourn this matter. I consulted the other members of the court who were then expected to be sitting today and we agreed that there was no justification for any adjournment. The application was dismissed. There then followed an application on behalf of the defence for an adjournment on the ground that there had not been sufficient time to prepare. Again I consulted my brethren and we came to the conclusion that there was no justification for an adjournment. The Notice of Appeal discloses no point of unusual difficulty.
3. Early yesterday morning counsel for the Applicant came to see me in chambers by agreement with counsel for the Crown and again sought an adjournment. Nothing new was advanced as a reason for such adjournment. I indicated my view that in all the circumstances counsel would have had sufficient time to prepare and that the case would have to proceed.
4. The application has been renewed by the defence today and is supported by the Crown. The only ground is that counsel for the Applicant feels be is not ready to proceed. Counsel who appear today were both involved in the trial in January. They have been involved in the case, therefore, throughout.
5. Reluctant as we are to proceed when counsel asserts us that he is not ready, we think that we are bound to go on. The business of the court cannot be arranged unless people who say that they are ready to have a case fixed for hearing are ready to proceed and accordingly this application is dismissed
7th May 1986
Representation:
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