香港特別行政區 訴 林適才

香港特別行政區 訴 林適才

The court accepted the complainant's credibility and the appellant's voluntary admission recorded by police; even if the contract originally lacked a date, the appellant's unilateral addition of a date changed the document into a false document and amounted to use of a false instrument in proceedings; the trial judge's oral reasons were sufficient in context and the conviction may be quashed on the original particulars and a conviction entered on amended particulars naming the affected party; the sentence of 9 months was not excessive.

Citation
香港特別行政區 訴 林適才
Parties
Respondent / Prosecution: Hong Kong Special Administrative Region; Appellant / Accused: Lam Sik Choi (林適才)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 March 2014
Case Number
HCMA593/2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence to Court of First Instance (hearing and Judgment)
Outcome
Original conviction on original particulars quashed and substituted with conviction on amended particulars (naming Wan Po Engineering Company); appeal grounds attacking adequacy of reasons dismissed; sentence of 9 months imprisonment upheld.
Legal Topics
Use of False Document, Admissibility and Weight of Police Admissions, Amendment of Particulars of Charge, Sentencing
Source Language
CH
Criminal Law Evidence Forgery/false Instruments Use of False Document Admissibility and Weight of Police Admissions Amendment of Particulars of Charge Sentencing

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Parties

Hong Kong Special Administrative Region

Respondent / Prosecution

Lam Sik Choi (林適才)

Appellant / Accused

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence to Court of First Instance (hearing and Judgment)

Legal Issues

  1. 1 Whether appellant altered the contract date such that it constituted use of a false document
  2. 2 Whether the trial magistrate gave adequate reasons in rejecting defence evidence
  3. 3 Whether the 9‑month custodial sentence was excessive

Ratio Decidendi

The court accepted the complainant's credibility and the appellant's voluntary admission recorded by police; even if the contract originally lacked a date, the appellant's unilateral addition of a date changed the document into a false document and amounted to use of a false instrument in proceedings; the trial judge's oral reasons were sufficient in context and the conviction may be quashed on the original particulars and a conviction entered on amended particulars naming the affected party; the sentence of 9 months was not excessive.

Court Disposition

Original conviction on original particulars quashed and substituted with conviction on amended particulars (naming Wan Po Engineering Company); appeal grounds attacking adequacy of reasons dismissed; sentence of 9 months imprisonment upheld.

Orders

  • Quash conviction on the original charge
  • Amend the particulars to name Wan Po Engineering Company as the person affected and particularise date as alleged; convict appellant on amended charge