Hksar v Chan Chi Sang

Court:Court of Appeal (Hong Kong)
Judgement Number:CACC646/1998
Judgment Date:18 Jul 2001
CACC000646B/1998 HKSAR v. CHAN CHI SANG

CACC000646B/1998

CACC 646/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 646 OF 1998

(ON APPEAL FROM HCCC 54 OF 1998)

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BETWEEN
HKSAR Respondent
AND
D1 LAU CHEONG alias LIU HUNG-YUK Applicants
D2 LAU WONG

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Coram: Hon Stuart-Moore Ag CJHC, Mayo VP and Stock JA

Date of Hearing: 18 July 2001

Date of Judgment: 18 July 2001

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J U D G M E N T

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Stuart-Moore Ag CJHC (giving the judgment of the Court):

1. This is an application for certificates under section 32 of the Court of Final Appeal Ordinance, Cap. 484, that points of law of great and general importance are involved in the decision of this court which was handed down on 4 July 2001.

2. The 1st Applicant sought a certificate originally upon six points. However, following discussion with counsel, it is accepted that two of those are really part and parcel of the same point. We propose to grant a certificate on what will now become three separate points. They are as follows:

(1) Is the common law rule, that a person can be convicted of the crime of murder on proof only that he had intended to cause the deceased grievous bodily harm, in contravention of Articles 25, 28, 39 and 87 of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, (Basic Law), and Articles 5(1), 5(4) and 11(1) of the Hong Kong Bill of Rights Ordinance, Cap. 383, or before a person can be convicted of the crime of murder must the prosecution prove nothing less than the accused intended to kill or at the very least have contemplated that death would result from his acts?

(2) Is section 2 of the Offences Against the Person Ordinance, Cap. 212, in so far as it provides for the mandatory sentence of life imprisonment on conviction for the crime of murder, in contravention of Article 25 of the Basic Law, and Articles 5(1), 5(4) and 6(3) of the Hong Kong Bill of Rights?

(3) Is the provision in section 83G of the Criminal Procedure Ordinance, Cap. 221, which provides that a person convicted of the crime of murder does not have the right of appeal against his sentence, in contravention of Article 25 of the Basic Law and Articles 5(1), 5(4), 6(3) and 11(4) of the Hong Kong Bill of Rights?

3. There were...

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