香港特別行政區 訴 王良棟

香港特別行政區 訴 王良棟

Appellate court dismissed the appeal because the trial judge's detailed assessment of documentary records and the credible testimony of nine workers proved the appellant accepted advantages in breach of POBO s9(1)(a), and there was no basis (irrationality, logical impossibility or material misapplication of law) to overturn the trial judge's credibility findings or conclusions.

Citation
香港特別行政區 訴 王良棟
Parties
Respondent (prosecution): 香港特別行政區; Appellant (accused): 王良棟
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2014
Case Number
HCMA393/2014
Procedural Posture
Criminal Appeal Against Conviction Under Prevention of Bribery Ordinance / High Court Appeal Hearing (conviction Appeal)
Outcome
Appeal dismissed; convictions upheld
Legal Topics
Bribery, Agent Receiving Advantage (s9(1)(a) Pobo), Witness Credibility, Appellate Review of Factual Findings
Source Language
CH
Criminal Law Anti Corruption Law Evidence Bribery Agent Receiving Advantage (s9(1)(a) Pobo) Witness Credibility Appellate Review of Factual Findings

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Parties

香港特別行政區

Respondent (prosecution)

王良棟

Appellant (accused)

Procedural Posture

Criminal Appeal Against Conviction Under Prevention of Bribery Ordinance / High Court Appeal Hearing (conviction Appeal)

Legal Issues

  1. 1 Whether appellant, as an agent, accepted advantages in contravention of POBO s9(1)(a)
  2. 2 Whether the prosecution proved the elements of the offence beyond reasonable doubt
  3. 3 Whether the trial judge's credibility findings and factual conclusions were unreasonable or unsafe to be overturned on appeal

Ratio Decidendi

Appellate court dismissed the appeal because the trial judge's detailed assessment of documentary records and the credible testimony of nine workers proved the appellant accepted advantages in breach of POBO s9(1)(a), and there was no basis (irrationality, logical impossibility or material misapplication of law) to overturn the trial judge's credibility findings or conclusions.

Court Disposition

Appeal dismissed; convictions upheld

Orders

  • Appeal dismissed
  • Convictions for nine counts under Prevention of Bribery Ordinance s9(1)(a) upheld