HKSAR v. MO YUK PING AND OTHERS

HKSAR v. MO YUK PING AND OTHERS

On the evidence taken as a whole the court was satisfied beyond reasonable doubt that there were separate, dishonest agreements: (a) to create a false or misleading appearance of active trading in Shanghai Land shares (June 2002–May 2003) and (b) to create a false or misleading appearance regarding the market/price...

Source-derived case information.

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
DCCC1334/2004
Procedural Posture
Criminal / Verdict
Legal Topics
Conspiracy to Defraud, Conspiracy to Pervert the Course of Public Justice, Perverting the Course of Public Justice, Market Manipulation, Witness Immunity, Destruction of Evidence, Bank and Securities Account Fraud
Source Language
en
Criminal Law Conspiracy Fraud Perverting Course of Public Justice Securities Regulation Evidence Conspiracy to Defraud Conspiracy to Pervert the Course of Public Justice +5 more

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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 / Verdict

Legal Issues

  1. 1 Whether accused conspired to create a false or misleading appearance of active trading to induce investment
  2. 2 Whether accused conspired to create a false or misleading appearance affecting the Bank of China (BOC) as lender
  3. 3 Whether accused conspired to pervert the course of public justice by arranging false accounts and representations to the SFC

Ratio Decidendi

On the evidence taken as a whole the court was satisfied beyond reasonable doubt that there were separate, dishonest agreements: (a) to create a false or misleading appearance of active trading in Shanghai Land shares (June 2002–May 2003) and (b) to create a false or misleading appearance regarding the market/price affecting BOC (March–31 May 2003). PW1’s central role, corroborated documentary and bank-fund analysis, expert analysis of turnover, coaching meetings and admissions established agreement, dishonest intent per Ghosh and acts in furtherance. The Fifth and Second Accused actively participated in arranging legal advice and coaching that would lead to false representations to the...