HKSAR v. MO YUK PING AND OTHERS

HKSAR v. MO YUK PING AND OTHERS

On the evidence as a whole the court was satisfied beyond reasonable doubt that there were distinct dishonest agreements: (a) between June 1, 2002 and May 31, 2003 to create a false or misleading appearance of active trading in Shanghai Land shares (conspiracy to defraud) involving PW1, the First and Second Accused and others, proven by trading records, account openings, bank transfers and expert analysis; and (b) from April–May 2003 to procure false representations to the SFC and to coach account-holders (statutory conspiracies to pervert the course of public justice), to which the Second and Fifth Accused were parties; the Sixth Accused was acquitted where evidence was tenuous and...

Citation
HKSAR v. MO YUK PING AND OTHERS
Parties
Prosecution: HKSAR; Accused: MO Yuk-ping; Accused: CHUNG Sau-ling; Accused: LAM Kai-sing, Sammy; Accused: CHEUNG Pak-yau; Accused: WONG Pui-fai; Accused: LO Po-wing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 December 2005
Case Number
DCCC1360/2004
Procedural Posture
Criminal / Verdict
Outcome
Verdicts given: First Accused (MO Yuk-ping) convicted on Charges 1 and 2 (conspiracies to defraud) and Charge 3 (conspiracy to pervert course of public justice); acquitted on Charge 9; Second Accused (CHUNG Sau-ling) convicted on Charges 1, 3, 4 and 5; Fifth Accused (CHEUNG Pak-yau) convicted on Charges 3 and 4;...
Legal Topics
Conspiracy to Defraud, Conspiracy to Pervert the Course of Public Justice, Document Destruction, Dishonesty/ghosh Test, Regulatory Investigation and Inducement
Source Language
EN
Criminal Law Securities Regulation Banking Law Corporate Law Conspiracy to Defraud Conspiracy to Pervert the Course of Public Justice Document Destruction Dishonesty/ghosh Test +1 more

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Parties

HKSAR

Prosecution

MO Yuk-ping

Accused

CHUNG Sau-ling

Accused

LAM Kai-sing, Sammy

Accused

CHEUNG Pak-yau

Accused

WONG Pui-fai

Accused

LO Po-wing

Accused

Procedural Posture

Criminal / Verdict

Legal Issues

  1. 1 Whether accuseds conspired to create a false or misleading appearance of active trading in Shanghai Land to defraud investors (charges 1 & 2)
  2. 2 Whether accuseds conspired to pervert course of public justice by arranging false explanations to the SFC and coaching witnesses (charges 3-5)
  3. 3 Credibility and weight to be given to indemnified/tainted witnesses and documentary evidence

Ratio Decidendi

On the evidence as a whole the court was satisfied beyond reasonable doubt that there were distinct dishonest agreements: (a) between June 1, 2002 and May 31, 2003 to create a false or misleading appearance of active trading in Shanghai Land shares (conspiracy to defraud) involving PW1, the First and Second Accused and others, proven by trading records, account openings, bank transfers and expert analysis; and (b) from April–May 2003 to procure false representations to the SFC and to coach account-holders (statutory conspiracies to pervert the course of public justice), to which the Second and Fifth Accused were parties; the Sixth Accused was acquitted where evidence was tenuous and...

Court Disposition

Verdicts given: First Accused (MO Yuk-ping) convicted on Charges 1 and 2 (conspiracies to defraud) and Charge 3 (conspiracy to pervert course of public justice); acquitted on Charge 9; Second Accused (CHUNG Sau-ling) convicted on Charges 1, 3, 4 and 5; Fifth Accused (CHEUNG Pak-yau) convicted on Charges 3 and 4;...

Orders

  • First Accused convicted on Charges 1, 2 and 3 and acquitted on Charge 9
  • Second Accused convicted on Charges 1, 3, 4 and 5