NG WAI-MAN v. THE QUEEN
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CACC000286/1970
IN THE SUPREME COURT OF HONG KONG
APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 286 OF 1970
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| BETWEEN | ||
| NG Wai-man | Appellant | |
| AND | ||
| The Queen | Respondent |
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Coram: Mills-Owens, J. in Court
Date of Judgment: 30 June 1970
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JUDGMENT
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1. The appellant appeals against conviction of two offences of robbery. There were confession statements adduced in evidence in respect of each offence. Unfortunately the trial magistrate did not rule upon their admissibility until after the defence had been called upon; nor indeed, did he enter upon the issue of admissibility at any stage before the close of the prosecution or afford the appellant an opportunity to be heard on that issue except in the course of his defence. Obviously this was wrong and so far as charge B is concerned (robbery of an unknown person on the 10th March 1970) the appeal must be allowed and the conviction quashed, as Crown counsel quite properly and readily concedes. Charge A stands on a different footing; here there was independent evidence consisting in the proved possession of the watch the subject of the robbery by the appellant a few hours after the robbery together with proper identification thereof, and of the fact of the robbery, by the victim (one Chan King). Further, it was as a result of information given by the appellant that Chan King was located and identified by the police and the circumstances of the robbery brought to light; that was admissible under the rule laid down many years ago in R. v. Warickshall ((1783) 1 Leach 265, notes at 263-4).
2. On the matter of ruling on admissibility before the close of the case for the prosecution I would refer to the case of Yeung Cheung v. R. (1959) H.K.L.R.338, a similar case to this. (The matter is about to be dealt with more fully in Cr. App. No.828 of 1969). The appeal on the B charge is dismissed.
| (Mills-Owens J) | |
| 30th June, 1970 |
Representation:
Appellant in person.
Stapp (Crown counsel) for respondent.