Page:HKSAR v. Wun Shu Fai (CACC 48-2015).djvu/9

Rh reply in English, but he saw that Mr Mitchell went into the District Court Building. For his part, he remained where he was. Later, he left by MTR.

17. The applicant explained that he had been at Tang Chong Hou’s home earlier that morning when Jacky Ma arrived. Tang Chong Hou and his brother ‘Ah Wai’ lived together. The applicant said that he had no money at all and he had gone to their home to seek repayment of debt of $800. He had accompanied Tang Chong Hou and ‘Ah Wai’ in their journey by MTR to District Court in Wanchai, having been told by the former that he was going to get the money to repay him. So, he was present at the scene of the attack by chance. He knew nothing of it in advance.

Grounds of appeal against conviction

18. By ground 1, Mr Eric Cheung, solicitor advocate for the applicant, submitted that before and at trial there had been material non-disclosure by the prosecution in respect of three categories of documents, namely:

(i) Jacky Ma’s affirmation dated 9 August 2012 filed with the Court in support of his application for leave to appeal against sentence out of time ;

(ii) letters written by Billy Kay to various police officers whilst he was in custody; and