Page:HKSAR v. Wun Shu Fai (CACC 48-2015).djvu/31

Rh applicant. Further, he accepted that the adjournment was granted so that he could give evidence in the trial of the applicant. Then, there ensued the following exchange between Mr McNamara and Jacky Ma:

“Q. Now, you obviously expect to get a benefit, a reduction in the Court of Appeal as a result of having given evidence against the accused in this trial.

A. You may say so, but I want to clarify one thing first. I made an application for—I asked for leave to appeal after I had already been sentenced. I appealed for leave to appeal out of time only more than a year after this. Since, well, it was over a year later before I made the application because I didn’t—I was not aware that implicating or giving evidence against Wun Shu-fai could be used as a ground of appeal.

Q. But you now know that, don’t you?

A. Now I know that.” [Italics added.]

69. Subsequently, the following exchange ensued:

“A. When I agreed to give evidence against Wun Shu-fai it was the time I had already pleaded guilty. The then prosecutor told me through my representing counsel and asked me whether I was willing to be a witness.

Q. Yes.

A. At that time it was on my mind that to do something to compensate the victim of this case. That’s why I agreed to be that witness and that was my intent to be a witness. Well, I only came to know in the prison after I had already served in there for over a year from others, from my friends in there, that this reason could be used as a ground of appeal.

Q. How much time do you expect to get off for giving evidence against this man?