Kong Woon Man v The Queen

Judgment Cited in Precedent Map Related
Judgment Date05 July 1968
Judgement NumberCACC152/1968
Year1968
CourtCourt of Appeal (Hong Kong)
CACC000152A/1968 KONG WOON MAN v. THE QUEEN

CACC000152A/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 152 OF 1968

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BETWEEN
KONG WOON MAN

Appellant
AND
THE QUEEN

Respondent

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Coram: Hogan, C.J. and Pickering, J.

Date of Judgment: 5 July 1968

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JUDGMENT

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1. The appellant was convicted before the District Court of two charges of robbery with violence contrary to Section 40(1) (b) of the Larceny Ordinance, Cap.210, and one charge of assault with intent to rob contrary to sub-section (1) (a) of the same section. He was sentenced to 3 1/2 years' imprisonment on each charge the sentences to be concurrent. His appeal, which is against conviction, was accompanied by an application to this court to hear further evidence under the provisions of the Criminal Procedure Ordinance, Section 81 sub-section (9) (c). We have ruled separately upon that application and the result of our ruling was that we declined to hear the proposed further verbal evidence or to accept a fresh exhibit in the form of a letter written by the appellant since his conviction, in which he protested his innocence.

2. The two robberies occurred respectively on the 2nd and 4th of February, 1968, both at Kung Lok Road, Kwun Tong, Kowloon; in the former a taxi-driver was robbed by his passenger of a wrist watch and $20 and in the latter another taxi-driver was similarly robbed of a wrist watch. In each case the driver was struck on the head at the time of the robbery. Both wrist watches were subsequently recovered by the police from pawnshops and identified by their respective owners as those stolen from them and by the appellant as those which he had stolen.

3. It was, however, the assault with intent to rob, which occurred on the 7th of February 1968, that led to the arrest of the accused. The victim in this case was another taxi-driver and the location was again Kung Lok Road, Kwun Tong. This driver gave evidence of being hailed by the appellant who directed him to Kung Lok Road and, after some discussion as to the fare, seated himself in the back of the car directly behind the driver. When eventually the car stopped at the top of a slope in Kung Lok Road at a deserted and unlighted spot the appellant, according to the driver, put his left arm around the driver's neck, poked a hard, cold object into the back of his neck and said: "Don't move! If you move I'll fire a pistol and shoot you". At this stage the driver offered his passenger money and bent forward in an attempt to remove his neck from the bottle whereupon the passenger struck him twice on the right side of his head. Since the handbrake of the car was not engaged, the effect of this tussle was to cause the car to move backwards down the slope and, as this was happening, the driver snatched the bottle from his passenger and threw it out of the window. As the driver became conscious of two people moving towards the car, the passenger opened the offside rear door and jumped out whilst the car was moving quite fast. Regaining control of his vehicle, the driver proceeded to Kwun Tong Police Station where he reported the incident.

4. The two persons whom he had seen whilst the car was slipping backwards were, in fact, police officers who testified to seeing this vehicle, AG9807, pass them whilst their car was stationary. They had followed it and saw it stop at the top of the steep slope in Kung Lok Road. The interior light of the car was on and both officers said that they saw the passenger in the rear seat put his left arm around the driver's neck and strike him with some object. The driver of the police vehicle stopped parallel with the taxi and both officers alighted; one of them fell in an attempt to open the nearside rear door of the taxi whilst it was slipping backwards, but the other saw a man "dart" out of the taxi and also saw a bottle fall from it and roll downhill. The taxi, having come to rest...

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