THE QUEEN v. CHAN CHING-CHUEN

THE QUEEN v. CHAN CHING-CHUEN

Applying s10(2) presumptions and valuing items by the amount paid by the accused, the Judge found that even after accepting some deductions and gambling receipts the accused's assets increased by approximately HK$61,567.45 in the relevant period without satisfactory explanation, and therefore beyond reasonable doubt he controlled pecuniary resources disproportionate to his official emoluments; conviction under s10(1)(b) followed.

Citation
THE QUEEN v. CHAN CHING-CHUEN
Parties
Prosecution: The Queen; Defendant: CHAN Ching-chuen
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 June 1976
Case Number
DCCC36/1976
Procedural Posture
Criminal Prevention of Bribery Ordinance (cap.201) / Judgment (conviction)
Outcome
Convicted under Section 10(1)(b) of the Prevention of the Bribery Ordinance (Cap.201)
Legal Topics
Disproportionate Assets, Section 10(1)(b) Prevention of Bribery Ordinance, Section 10(2) Presumption of Control, Valuation of Assets, Gambling as Source of Funds, ICAC Investigatory Duties
Source Language
EN
Criminal Law Anti Corruption Evidence Disproportionate Assets Section 10(1)(b) Prevention of Bribery Ordinance Section 10(2) Presumption of Control Valuation of Assets Gambling as Source of Funds +1 more

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Parties

The Queen

Prosecution

CHAN Ching-chuen

Defendant

Procedural Posture

Criminal Prevention of Bribery Ordinance (cap.201) / Judgment (conviction)

Legal Issues

  1. 1 Whether the accused controlled pecuniary resources disproportionate to his official emoluments on 31 Dec 1974
  2. 2 Whether assets held in wife and mother-in-law accounts/registered in their names could be presumed under accused's control under s10(2) Cap.201
  3. 3 Proper method for quantifying assets (value to accused v market value)

Ratio Decidendi

Applying s10(2) presumptions and valuing items by the amount paid by the accused, the Judge found that even after accepting some deductions and gambling receipts the accused's assets increased by approximately HK$61,567.45 in the relevant period without satisfactory explanation, and therefore beyond reasonable doubt he controlled pecuniary resources disproportionate to his official emoluments; conviction under s10(1)(b) followed.

Court Disposition

Convicted under Section 10(1)(b) of the Prevention of the Bribery Ordinance (Cap.201)

Orders

  • Convicted as charged under Section 10(1)(b) Prevention of the Bribery Ordinance (Cap.201)