HKSAR v. MO YUK PING AND OTHERS

HKSAR v. MO YUK PING AND OTHERS

On the evidence taken as a whole (documentary, banking records, admissions, the testimony of PW1 and corroborating witnesses, expert analysis of trading volume and funding flows), the court was satisfied beyond reasonable doubt that the First and Second Accused were parties to dishonest conspiracies to create a false or misleading appearance of active trading in Shanghai Land (conspiracy to defraud) and to pervert the course of public justice by falsely representing traders to the SFC; the Fifth Accused joined the conspiracy to pervert the course of public justice by advising and participating in coaching nominal account-holders; the Sixth Accused was acquitted for lack of a prima facie...

Citation
HKSAR v. MO YUK PING AND OTHERS
Parties
Prosecution: HKSAR; First Accused: MO Yuk-ping; Second Accused: CHUNG Sau-ling; Third Accused: LAM Kai-sing, Sammy; Fourth Accused: CHEUNG Pak-yau; Fifth Accused: WONG Pui-fai; Sixth Accused: LO Po-wing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 December 2005
Case Number
DCCC367/2004
Procedural Posture
Criminal / Trial Verdict Delivered (reasons to Follow)
Outcome
Verdict: First Accused (MO Yuk-ping) convicted on Charges 1 and 2 (conspiracies to defraud) and Charge 3 (conspiracy to pervert the course of public justice); acquitted on Charge 9. Second Accused (CHUNG Sau-ling) convicted on Charges 1, 3, 4 and 5. Fifth Accused (WONG Pui-fai) convicted on Charges 3 and 4. Third...
Legal Topics
Conspiracy to Defraud, Conspiracy to Pervert the Course of Public Justice, Market Manipulation (terminology), Securities and Futures Commission Investigations, Witness Immunity and Credibility, Destruction of Documents, Dishonesty Test (ghosh)
Source Language
EN
Criminal Law Securities Regulation Conspiracy Fraud Banking Law Evidence Conspiracy to Defraud Conspiracy to Pervert the Course of Public Justice +5 more

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Parties

HKSAR

Prosecution

MO Yuk-ping

First Accused

CHUNG Sau-ling

Second Accused

LAM Kai-sing, Sammy

Third Accused

CHEUNG Pak-yau

Fourth Accused

WONG Pui-fai

Fifth Accused

LO Po-wing

Sixth Accused

Procedural Posture

Criminal / Trial Verdict Delivered (reasons to Follow)

Legal Issues

  1. 1 Whether the accused were parties to one or more conspiracies to create a false or misleading appearance of active trading in Shanghai Land shares
  2. 2 Whether the accused conspired to pervert the course of public justice by causing false representations to the SFC
  3. 3 Assessment of credibility and weight of evidence given by indemnified/tainted witnesses and experts

Ratio Decidendi

On the evidence taken as a whole (documentary, banking records, admissions, the testimony of PW1 and corroborating witnesses, expert analysis of trading volume and funding flows), the court was satisfied beyond reasonable doubt that the First and Second Accused were parties to dishonest conspiracies to create a false or misleading appearance of active trading in Shanghai Land (conspiracy to defraud) and to pervert the course of public justice by falsely representing traders to the SFC; the Fifth Accused joined the conspiracy to pervert the course of public justice by advising and participating in coaching nominal account-holders; the Sixth Accused was acquitted for lack of a prima facie...

Court Disposition

Verdict: First Accused (MO Yuk-ping) convicted on Charges 1 and 2 (conspiracies to defraud) and Charge 3 (conspiracy to pervert the course of public justice); acquitted on Charge 9. Second Accused (CHUNG Sau-ling) convicted on Charges 1, 3, 4 and 5. Fifth Accused (WONG Pui-fai) convicted on Charges 3 and 4. Third...

Orders

  • Record convictions as specified in the verdicts
  • Revoke bail of the Second and Fifth Accused and remand each in custody