Hksar v Yeung Hung

Court:Court of Final Appeal (Hong Kong)
Judgement Number:FAMC21/1998
Judgment Date:05 Nov 1998
FAMC000021/1998 HKSAR v. YEUNG HUNG

FAMC000021/1998

FAMC No. 21 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 21 OF 1998 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC No. 378 OF 1997)

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Between:
YEUNG HUNG Applicant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

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Appeal Committee: Chief Justice Li, Mr Justice Litton PJ and Mr Justice Ching PJ

Date of Hearing: 5 November 1998

Date of Determination: 5 November 1998

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

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Mr Justice Litton PJ:

1. The applicant seeks leave to appeal against the judgment of the Court of Appeal given on 11 September 1998 whereby his application for leave to appeal against his conviction for murder was dismissed.

2. The victim was a man called Yim Chun Hoi whose father (referred to at the trial as Boss Yim) was the applicant's employer at a construction site. A dispute had arisen concerning the applicant's wages. The applicant thought that he had been short-paid so he arranged to meet Boss Yim at McDonald's Restaurant at Texaco Road in Tsuen Wan. Before going to the meeting, the applicant armed himself with a fruit knife which he tucked into his waist. The prosecution's case was that the applicant arrived at the restaurant followed by several people and this group then attacked Boss Yim and his companions. No one else was armed with a knife except the applicant. The prosecution's case was that once Boss Yim's son had been identified the applicant produced the knife and attacked the victim with it. The injuries were very severe. There were eight stab or cut wounds on the victim's body. The fatal wounds were: (i) a stab wound which penetrated to a depth of 14cm through the abdominal wall and (ii) a 14cm cut wound which exposed the underlying muscles of the left forearm and severed the brachial artery. The victim bled to death.

3. The applicant testified at his trial. In essence, his case was that far from being the assailant, as the prosecution witnesses alleged, he was in fact the victim of an attack by Boss Yim and one or two other men. He was dealt many blows and, in the course of warding off those blows, he noticed that one of the attacker's arm was bleeding. He accepted in...

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