R. v Yip Chung Kuen

CourtCourt of Appeal (Hong Kong)
Judgment Date20 September 1995
Judgement NumberCACC202/1995
Subject MatterCriminal Appeal
CACC000202/1995 R. v. YIP CHUNG KUEN



1995, No.202




Coram: Hon. Power, Ag. C.J., Mayo and Ching, JJ.A.

Date of hearing: 20 September 1995

Date of judgment: 20 September 1995




Power, Ag. C.J. (giving the judgment of the Court):

1. The applicant pleaded not guilty to seven charges: two of s17 wounding (charges 1 and 2), one of money lending at an excessive rate (charge 3), one of claiming membership of a triad society (charge 4), one of blackmail (charge 5); one of criminal damage (charge 6); and one of trafficking in dangerous drugs (charge 7). He, at a late stage, pleaded guilty to the 6th charge, criminal damage, and was, after trial, found guilty of two lesser alternative s.19 wounding charges. He was found guilty also on the triad society charge.

2. The charges arose out of a money lending transaction between a Madam Aw and the applicant, threats said to have been uttered by the applicant in relation thereto and assaults on Madam Aw's husband and his friend said to have been engineered by the applicant.

3. The evidence came from a Madam Aw, from her husband and from the friend of the husband. Madam Aw and her husband were not satisfactory witnesses. She gave varying accounts to the police of what she said had occurred and the judge was far from impressed with her demeanour. In the outcome he was left in such doubt that he was not prepared to convict upon the basis of her evidence alone. As it was upon her evidence alone that the Crown relied in relation to charge 3, lending at excessive rate, and charge 7, trafficking in dangerous drugs, the applicant was found not guilty on both of those charges.

4. The judge was then left with the two wounding charges, the triad society charge and the blackmail charge.

5. The judge convicted on charge 4, claiming membership of the triad society, but when so doing was careful to take into account all of the evidence and, in particular, the unsatisfactory features of the evidence of Madam Aw and her husband. As regards the husband he said:

"I have carefully considered the possibility of PW2 exaggerating his evidence in respect of the defendants culpability in this offence and in respect of the...

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