Fok Chi Wa v The Queen

CourtCourt of Appeal (Hong Kong)
Judgment Date16 Jul 1974
Judgement NumberCACC423/1974
SubjectCriminal Appeal
CACC000423/1974 FOK CHI WA v. THE QUEEN

CACC000423/1974

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 423 OF 1974

-----------------

BETWEEN
FOK CHI WA Appellant
and
THE QUEEN Respondent

-----------------

Coram: Pickering, J.

Date of Judgment: 16th July, 1974.

-----------------

JUDGMENT

-----------------

1. This appeal, though doughtily fought on behalf of the appellant, is without merit and must be dismissed. The plain truth is that counsel for the defence had too flimsy materials with which to build the edifice of a successful appeal.

2. The appellant was a police constable in the Royal Hong Kong Police Force when, on the 2nd of March of this year, the complainant, a taxi driver, was involved with his taxi in a minor accident involving a boy on a bicycle. At some stage after the accident the appellant arrived upon a motor-cycle. There was a conversation between the complainant and the appellant in which the former was asked to produce his Third Party Insurance Certificate to the Traffic Office for inspection. The complainant says that he went along to the Accident Enquiry Section Office at about 6 p.m. that afternoon where he saw the appellant who said to him, "Hey, this incident is very serious, most likely you will be prosecuted; if you are to be prosecuted you will be convicted seventy per cent, it would either be careless driving or dangerous driving; whichever it may be your licence would have to be endorsed." And then according to the complainant the following conversation took place: the complainant said, "Sir, is this that serious?" to which the appellant said, "Yes", and the complainant said, "I hope you will help me as much as you can" to which the appellant replied "You can either engage a lawyer or fight it off by spending three or five or seven lumps of water" to which the complainant said, "Big brother, how am I going to get that much money?" and added that he had only got several tens of dollars in his pocket and he might be able to get around $100. The appellant is then said to have replied, "So little - how would it be enough? You know the anti-corruption is going on fiercely, the top ones would have to eat as well." He then advised the complainant to think it over, adding "And when you have time, come back and see me." The complainant, upon being asked, said that by "lumps of water" he understood money, either $300, $500 or $700. The appellant, in evidence, denied that any of that conversation had taken place.

3. On the following day, the 3rd of March, after apparently discussing the matter with colleagues in a restaurant - other taxi drivers that is - the complainant telephoned the Independent Commission for Anti-Corruption and reported the incident of the previous day. Thereafter, there were various telephone calls and visits to the offices of that Commission by the complainant who, on the 6th of March, received certain instructions. He was provided with four one hundred dollar notes, the serial numbers of which were recorded but which had not been treated with any phosphorescent substance. On the 9th of March he went to the Accident Enquiry Section Office, Kowloon, at about 7.45 a.m. He could not find the appellant and waited outside for him. Around 8 o'clock the appellant came along wearing civilian clothes, saw the complainant...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT