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 (i) there were separate conspiracies to create a false or misleading appearance of active trading in Shanghai Land shares (June 1 2002–May 31 2003) and to maintain the market/price to protect Bank of China interests (March–May 2003); (ii) key accused (D1 and D2) participated in and directed acts in furtherance of those agreements (opening/using nominee accounts, funding, directing trading, arranging deposits and destruction of documents); (iii) dishonesty was established under the Ghosh test and the requisite intent to pervert the SFC process was proven for the conspiracies to pervert the course of public...

Citation
HKSAR v. MO YUK PING AND OTHERS
Parties
Prosecution: HKSAR; Defendant (d1): MO Yuk-ping; Defendant (d2): CHUNG Sau-ling; Defendant (d3): LAM Kai-sing, Sammy; Defendant (d4): CHEUNG Pak-yau; Defendant (d5): WONG Pui-fai; Defendant (d6): LO Po-wing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 December 2005
Case Number
DCCC636/2005
Procedural Posture
Criminal Conspiracy and Perverting the Course of Public Justice (securities) / Verdict Delivered (reasons to Follow)
Outcome
Convictions and acquittals as follows: D1 (MO Yuk-ping) convicted on Charges 1, 2 and 3; acquitted on Charge 9. D2 (CHUNG Sau-ling) convicted on Charges 1, 3, 4 and 5. D5 (WONG Pui-fai) convicted on Charges 3 and 4. D6 (LO Po-wing) acquitted (no prima facie case). Other accused pleaded/guilty earlier as noted on...
Legal Topics
Conspiracy to Defraud, Conspiracy to Pervert the Course of Public Justice, Dishonesty (ghosh Test), Admissibility of Co Conspirator Statements, Obstruction/destruction of Documents, SFC Investigations
Source Language
EN
Criminal Law Securities Regulation Corporate/white Collar Crime Conspiracy to Defraud Conspiracy to Pervert the Course of Public Justice Dishonesty (ghosh Test) Admissibility of Co Conspirator Statements Obstruction/destruction of Documents +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 17 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

HKSAR

Prosecution

MO Yuk-ping

Defendant (d1)

CHUNG Sau-ling

Defendant (d2)

LAM Kai-sing, Sammy

Defendant (d3)

CHEUNG Pak-yau

Defendant (d4)

WONG Pui-fai

Defendant (d5)

LO Po-wing

Defendant (d6)

Procedural Posture

Criminal Conspiracy and Perverting the Course of Public Justice (securities) / Verdict Delivered (reasons to Follow)

Legal Issues

  1. 1 Whether defendants entered into conspiracies to create a false or misleading appearance of active trading in Shanghai Land shares
  2. 2 Whether defendants entered into conspiracies to pervert the course of public justice by making false representations to the SFC
  3. 3 Whether the required mens rea and dishonesty were established

Ratio Decidendi

On the evidence as a whole the court was satisfied beyond reasonable doubt that (i) there were separate conspiracies to create a false or misleading appearance of active trading in Shanghai Land shares (June 1 2002–May 31 2003) and to maintain the market/price to protect Bank of China interests (March–May 2003); (ii) key accused (D1 and D2) participated in and directed acts in furtherance of those agreements (opening/using nominee accounts, funding, directing trading, arranging deposits and destruction of documents); (iii) dishonesty was established under the Ghosh test and the requisite intent to pervert the SFC process was proven for the conspiracies to pervert the course of public...

Court Disposition

Convictions and acquittals as follows: D1 (MO Yuk-ping) convicted on Charges 1, 2 and 3; acquitted on Charge 9. D2 (CHUNG Sau-ling) convicted on Charges 1, 3, 4 and 5. D5 (WONG Pui-fai) convicted on Charges 3 and 4. D6 (LO Po-wing) acquitted (no prima facie case). Other accused pleaded/guilty earlier as noted on...

Orders

  • First Accused (MO Yuk-ping) convicted on Charges 1, 2 and 3; acquitted on Charge 9
  • Second Accused (CHUNG Sau-ling) convicted on Charges 1, 3, 4 and 5