Wan Tak v Hksar

Court:Court of Final Appeal (Hong Kong)
Judgement Number:FAMC5/1999
Judgment Date:27 Apr 1999
FAMC000005/1999 WAN TAK v. HKSAR

FAMC000005/1999

FAMC No. 5 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 5 OF 1999 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC No. 411 OF 1996)

_____________________

Between:
WAN TAK Applicant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

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

Date of Hearing: 27 April 1999

Date of Determination: 27 April 1999

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

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Mr Justice Ching, PJ

1. The applicant was convicted of murder. He applied to the Court of Appeal for leave to appeal from that conviction but his application was refused. He now applies to this Committee for leave to appeal to the Court of Final Appeal. He is well out of time. The decision of the Court of Appeal was delivered on 26 September 1997. Section 33(1) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, requires that an application for leave to appeal in a criminal case should be made within 28 days of that decision. This application was not made until 7 February 1999, and no explanation has been put forward for the delay. He is not represented and it is difficult to ascertain what his grounds may be for asserting that he has been subjected to grave and substantial injustice or what, if any, point of law of great and general importance may be involved.

2. The story is a very sad one. He married a woman whom he had brought from the mainland. He then discovered her committing adultery in flagrante delicto in Kowloon Tong and administered a beating to her. They separated but later reconciled. The deceased, who was the wife's mother, came to Hong Kong for a holiday. One day she asked the applicant to come to the wife's flat where she was staying and he did so. There an argument developed after she accused him of having disfigured her daughter's face and of forcing her into prostitution. The deceased appears to have been killed with a kukri knife with which she attacked him. He admits that he killed her.

3. At the trial no issue of self defence was raised but the trial judge nevertheless gave full directions upon it. The defence was one of provocation upon which the Court of Appeal...

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