R. v. KONG WING CHUEN

CACC000468/1994

IN THE COURT OF APPEAL

1994, No. 468
(Criminal)

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BETWEEN
THE QUEEN
AND
KONG WING CHUEN

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Coram: Hon Power, V.-P., Litton, V.-P. and Bokhary, J.A. in Court

Date of hearing: 28 April 1995

Date of judgment: 28 April 1995

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J U D G M E N T

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Litton, V.-P. ´╝łgiving the judgment of the Court):

1. The applicant Kong Wing-chuen was convicted on 22 August 1994 after trial before Deputy Judge Yeung and a jury on one charge of robberyand was sentenced to 15 years’ imprisonment. He now seeks leave to appeal against his conviction.

2. It was an admitted fact that a serious robbery took place on 17 January 1991 at the premises of Hang Fai Electrical Co. located atNo. 3 Po Yick Street, Tai Po, when a gang of five men entered the premises at 11.30am. One was armed with a semi-automatic 7.62mmcalibre pistol and two had knives. There were a total of eight victims in the premises and large sums of cash and amounts of valuableswere stolen. The burglar alarm was tripped, but when a party of police officers arrived, they were subdued by the robbers at gunpoint and the service revolvers of four of the male officers were taken. The robbers then fled in a van driven by one of the robbers.It was not the Crown’s case that the applicant was one of the five robbers but that he was the mastermind who did the liaison betweenthe robbers, procured the gun and generally planned the whole operation.

3. The evidence against the applicant came mainly from two sources: (1) A witness Kwong Kin-kuen who was one of the accomplices; and(2) What the applicant had told the police after he was arrested. The judge gave impeccable directions to the jury concerning bothaspects of the case. The applicant’s defence was summarised comprehensively by the judge. The jury convicted.

4. There are no grounds for interfering with the conviction. The application is dismissed.

(N.P. Power) (Henry Litton) (K. Bokhary)
Vice President Vice President Justice of Appeal

Representation:

Mr D.G. Saw and Mr D. Pang (Crown Prosecutor) for Respondent/Crown

Applicant (KONG Wing-chuen) in person