B e f o r e :
MR JUSTICE GIBBS
MR JUSTICE COOKE
|R E G I N A|
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MR A BARKER QC appeared on behalf of the CROWN
Crown Copyright ©
"Bring the towel. Are you doing it? Have you phoned?"
The response was:
"Yes, I'm doing it. They are contacting it."
And then this:
"We'll say someone has beaten him and left him in our garage."
"We've got a garage at the back and we've just seen someone. Well, he was trying to break into our car and somebody's hit him and we've found a lad lying down, lying on the floor, and he's bleeding."
"No I don't want to get involved. I have got too much going through my head. I wasn't there. I don't know anything about this. I was at home at the time."
"There is no principle in the criminal law of Hong Kong more fundamental than that the prosecution must prove the existence of all essential elements of the offence with which the accused is charged -- and the proof must be 'beyond all reasonable doubt,' which calls for a degree of certainty considerably higher than proof on a mere balance of probabilities. The requirement of proof beyond all reasonable doubt does not prevent a jury from inferring, from the facts that have been the subject of direct evidence before them, the existence of some further fact, such as the knowledge or intent of the accused, which constitutes an essential element of the offence; but the inference must be compelling -- one (and the only one) that no reasonable man could fail to draw from the direct facts proved."
"... we think that such restraints are elusive and not acceptable as a means by which to define the ambit of a criminal offence."