THE QUEEN v. YIM CHOR-MAN AND OTHERS

THE QUEEN v. YIM CHOR-MAN AND OTHERS

Having assessed the long and consistent testimony of the complainant, together with expert evidence, physical exhibits (fixed dice, magnet, bundles of folded banknote-sized paper), documentary material and admissions, the only reasonable inference is that the defendants and confederates deliberately organized a...

Source-derived case information.

Citation
THE QUEEN v. YIM CHOR-MAN AND OTHERS
Parties
Prosecution: The Queen; Defendant (1st): YIM Chor-man a/k/a YIM Kwan a/k/a YIM Kam-tai a/k/a YIM Kai-tai; Defendant (2nd): CHEUNG Cheuk-nam a/k/a CHIANG Chiu-yuen a/k/a CHIANG Kuen; Defendant (3rd): PONG Yun-lam a/k/a PONG Lam a/k/a LAM Wah a/k/a LAM Wah-chai a/k/a CHEUNG Siu-chuen
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 April 1975
Case Number
DCCC241/1974
Procedural Posture
Criminal Conspiracy to Defraud and Theft / Judgment (district Court)
Outcome
Each of the three defendants convicted of conspiracy to defraud; related theft charges (charges 2–4) proved
Legal Topics
Conspiracy to Defraud, Confidence Trick (tien Sin Kuk), Expert Evidence on Cheating Devices, Identification Parade, Theft Ordinance Interpretation
Source Language
en
Criminal Law Fraud Conspiracy Theft Evidence Conspiracy to Defraud Confidence Trick (tien Sin Kuk) Expert Evidence on Cheating Devices +2 more

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Parties

The Queen

Prosecution

YIM Chor-man a/k/a YIM Kwan a/k/a YIM Kam-tai a/k/a YIM Kai-tai

Defendant (1st)

CHEUNG Cheuk-nam a/k/a CHIANG Chiu-yuen a/k/a CHIANG Kuen

Defendant (2nd)

PONG Yun-lam a/k/a PONG Lam a/k/a LAM Wah a/k/a LAM Wah-chai a/k/a CHEUNG Siu-chuen

Defendant (3rd)

Procedural Posture

Criminal Conspiracy to Defraud and Theft / Judgment (district Court)

Legal Issues

  1. 1 Whether the defendants conspired to defraud Pun Ting-chau
  2. 2 Whether the conspiracy was directed against Pun rather than the third defendant
  3. 3 Credibility and reliability of the complainant Pun Ting-chau

Ratio Decidendi

Having assessed the long and consistent testimony of the complainant, together with expert evidence, physical exhibits (fixed dice, magnet, bundles of folded banknote-sized paper), documentary material and admissions, the only reasonable inference is that the defendants and confederates deliberately organized a sophisticated confidence trick (Tien Sin Kuk) directed at Pun; accordingly the court convicted each defendant of conspiracy to defraud and found the related theft charges proven.

Court Disposition

Each of the three defendants convicted of conspiracy to defraud; related theft charges (charges 2–4) proved

Orders

  • Findings recorded: three defendants guilty of conspiracy to defraud; charges 2–4 proved against all three defendants
  • Matter to be remitted for sentence