16 Oct 1997
HKSAR v. ZENG LIANG XIN
- Citation
- HKSAR v. ZENG LIANG XIN
- Court
- Court of Final Appeal
- Case number
- FAMC1/1997
When the applicant's interview is read in context the so‑called 'crucial passage' evidences deliberation (he waited, feared a false accusation, then decided to chop the victim) rather than a loss of self‑control; therefore there was no evidence to satisfy the threshold in s4 and provocation should not have been left to the jury; accordingly the application for leave to appeal is refused; additionally s32(2) is construed so that certification by the lower court applies only to the point‑of‑law limb.