R. v Tam Siu Lung And Another

CourtCourt of Appeal (Hong Kong)
Judgment Date23 Nov 1995
Judgement NumberCACC200/1995
SubjectCriminal Appeal
CACC000200/1995 R. v. TAM SIU LUNG and Another

CACC000200/1995

IN THE COURT OF APPEAL

1995, No. 200
(Criminal)

BETWEEN
THE QUEEN Respondent
AND
TAM SIU LUNG
CHAN TSZ LEUNG
1st Applicant
2nd Applicant

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Coram: Hon. Nazareth, V.-.P, Liu, J.A. and Leonard, J.

Date of Hearing: 23 November 1995

Date of Judgment: 23 November 1995

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J U D G M E N T

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Nazareth,V.-P. (giving the judgment of the Court):

1. The 1st applicant, Tam Siu-lung ('D1'), and the 2nd applicant, Chan Tsz-leung ('D3') on 4th April 1995 were convicted by Her Honour Judge C.B. Chan each of two offences of wounding with intent two victims. The applicants now seek leave to appeal against those convictions.

2. The facts are as follows. At approximately 10.30 pm on 2nd September 1993, a group of youths was talking together in the open space outside Block 22, Sau Mau Ping Estate in Kowloon. The group which included the two victims, Cheng Man-ho and Lee Chi-wai, were attacked by a second group of 6-7 youths who rushed at them. The second group was seemed to be armed with long knives and lengths of water piping which they were brandishing. The first group scattered but the two victims were taken by surprise and unable to escape. Numerous severe knife wounds were inflicted upon them. They were covered with blood. The second group which carried out the attack then ran off towards the nearby Hiu Kwong Street, on some of the evidence, splitting into two lots.

3. Round about that time, four police officers in a car were on an anti-crime patrol in Hiu Kwong Street. They saw three men running very fast down the road, one of whom was carrying a long knife and the other two, lengths of water pipes. Behind them was another group of four men similarly armed, also running. Their observations were that the three men went to one taxi. In their approach two of them discarded two water pipes before they got into the taxi. The other four apparently, and I say that because the evidence on this was not very precise, appear to have left in a second taxi which was stationary behind the first taxi, but which took off first and at some speed.

4. The police party managed to stop the first taxi. The two applicants were found in it along with a third person; they became the three defendants at the trial below. The evidence was that they were wearing gloves which were blood stained. Their clothes were also blood stained. Later, some of the blood stains were shown by expert evidence to be of the same group as that of the two victims. Also found in the taxi was a long beef knife. The two lengths of water piping mentioned were...

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