HKSAR v. GURUNG NIRAJ AND ANOTHER

CACC000635A/2002

CACC 635/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 635 OF 2002

(ON APPEAL FROM DCCC 917 OF 2002)

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BETWEEN
HKSAR Respondent
AND
GURUNG NIRAJ (D1)
GURUNG LAXCHIM (D2) Applicants

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Coram: Hon Stuart-Moore VP, Yeung JA and Jackson J in Court

Date of Hearing: 14 August 2003

Date of Judgment: 14 August 2003

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J U D G M E N T

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Stuart-Moore VP (giving the judgment of the Court):

1. This is an application which is brought under the provisions of section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap.484, for a certificate that a point of law of great and general importance was involved in the judgment given by the court on1 August 2003, namely:

“Whether the Prosecution has properly disclosed the convictions of a prosecution witness to the defence when disclosure was made onthe trial papers served on defence legal representatives who were not instructed at trial though no disclosure was made on the trialpapers served on the accused.”

2. We do not consider that the point which is put forward justifies the granting of a certificate. Accordingly, the application is dismissed.

(M. Stuart-Moore) (W. Yeung) (C.G. Jackson)
Vice-President Justice of Appeal Judge of the Court of
First Instance

Representation:

Mr Vincent Wong, SGC, of the Department of Justice, for the Respondent.

Mr Philip Ross, instructed by Messrs Jal N. Karbhari & Co., for the Applicants.