Hksar v Lam Chi Kwong

Cited as:[1998] 2 HKLRD 247
Court:Court of Final Appeal (Hong Kong)
Judgement Number:FAMC10/1998
Judgment Date:13 Jul 1998
FAMC000010/1998 HKSAR v. LAM CHI KWONG

FAMC000010/1998

FAMC No. 10 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 10 OF 1998 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC 354 OF 1997)

____________________

Between :
LAM CHI KWONG Applicant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

____________________

Appeal Committee : Mr Justice Litton, PJ, Mr Justice Ching, PJ and Mr Justice Bokhary, PJ

Date of Hearing : 13 July 1998

Date of Determination : 13 July 1998

___________________________

D E T E R M I N A T I O N

___________________________

Mr Justice Litton, PJ:

1. This is the determination of the Appeal Committee.

2. On 3 June 1997 the applicant was convicted of murder after a jury trial in the High Court. His appeal against conviction was dismissed by the Court of Appeal on 25 March 1998. The applicant then asked the Court of Appeal to certify points of law of great and general importance for consideration by the Court of Final Appeal but this was refused. So the applicant renews the application before us under s32(3) of the Hong Kong Court of Final Appeal Ordinance asking us at the same time to grant leave out of time to appeal.

Background facts

3. The facts giving rise to the conviction for murder are well summarised in the Court of Appeal's judgment as follows:

" The Applicant and his brother operated a car park. Disputes had arisen over the years with others. The Applicant bought a hand gun and ammunition and kept it at the car park.

On 2nd April 1996, a dispute arose between the deceased's group and the Applicant's brother. After this, the Applicant spoke to his brother. About 15 minutes later, the Applicant went armed with the gun and when he was not less than 24 inches from the deceased, he fired a well-aimed shot into the deceased's chest. The Applicant then left the scene and went into hiding. When he was eventually found, following an attempt to commit suicide, the Applicant gave an account to the police in which he said that he had walked up to the deceased and said to him 'Don't make so many troubles'. He then took out the gun that he was carrying, wanting to scare the deceased. Unpredictably the deceased had thrown himself at the Applicant and in the 'scrimmage' the Applicant 'had pulled the trigger and...

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