R. v. TAP I YI KONG AH SUM and Another
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CACC000152/1996
IN THE COURT OF APPEAL
1996, No. 152
(Criminal)
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| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| TAP I YI KONG AH SUM | 1st Applicant | |
| CHOI PO LIK JO YI MUK | 2nd Applicant |
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Coram: Hon Mortimer JA, Mayo JA and Sears J in Court
Date of hearing: 4 December 1996
Date of delivery of
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J U D G M E N T
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Mayo MA giving the
1. The applicants seek
2. The facts were relatively simple. The victim of the robbery was at a bus stop outside a construction site at Sheung Shui early in the evening but after it was dark on the evening of 12 April 1995. He was walking away from the bus stop when he was accosted by three men. One of them was holding a knife and threatening him with it. The other men caught hold of each of his arms. He was robbed of $1800 cash. The men ran off and the victim made a report to the police.
3. Police officers attended and searched the area. They found the two applicants and the other man previously referred to in a subway near the scene of the robbery. The police rightly suspected that the men were illegal immigrants. They questioned the men and were satisfied from the responses made by them that they were the robbers they were looking for. The victim was unable to identify any of the alleged robbers.
4. The men were taken back to the police station and made
5. Also the A2 took the police to the grass verge nearby and pointed out where the knife had been disposed of. A knife was found which the victim claimed was similar to the one used in the robbery.
6. One of the main difficulties encountered in this case was the difficulty in effective communication. The arresting police officers had only a limited command of Mandarin and the applicants claimed to have no knowledge of Cantonese and only a limited knowledge of Mandarin. Both applicants claim to be from Xinjiang and to be members of the
7. Almost all of the evidence against the applicants consisted of the admissions allegedly made at the time of their arrest and the contents of their
8. The judge held
9. The judge was satisfied that the contents of the said statements which had been made were true and constituted proper admissions of the robbery by A1 and A2.
10. The written
11. Before us neither applicant raised any matters of substance save for points made by them and their counsel at trial which were carefully and properly considered by the judge.
12. There was ample evidence to support these
13. There is no reason to suppose that they are in any way
14. As stated earlier the applicants also seek
| (Barry Mortimer) | (Simon Mayo) | (R.A.W. Sears) |
| Justice of Appeal | Justice of Appeal | Judge of the High Court |
Representation:
Mr A.A. Aruce QC and Ms Alice Chan for Crown Prosecutor
Tap I Yi Kong Ah Sum - 1st Applicant in person/present
Choi Po Lik Jo Yi Muk - 2nd Applicant in person/present