WONG YU HUNG v. THE QUEEN
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IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 118 OF 1973
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| BETWEEN | ||
| WONG YU HUNG | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins, McMullin and Pickering, JJ.
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JUDGMENT
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Huggins, J.:
1. The Appellant was indicted on one count of murder and one of wounding with intent to do grievous bodily harm. The jury found him Guilty of murder and Not Guilty of wounding. Notice of Appeal was filed, the ground originally being that the Appellant “was falsely accused and wrongly convicted”, and a further ground was later notified, that the learned trial judge wrongly failed to leave provocation to the jury.
2. Counsel who has appeared before us has outlined the facts and he has told us that he is unable to support this appeal. We have discussed with him the possible findings which were open to the jury on the evidence and we cannot but agree with him that there was no evidence to justify the learned judge in leaving provocation to the jury. We have also heard the Appellant himself. He asserts that he was innocent but he has been found guilty by the jury.
3. We have read the papers and, in our view, there was ample evidence which, if believed (as it was) entitled the jury to return the verdict which they did. We see nothing in this case which would enable us to interfere.
4. The appeal must be dismissed.
29th March, 1973