THE QUEEN v. JOSEPH PEREIRA AND OTHERS

THE QUEEN v. JOSEPH PEREIRA AND OTHERS

On the whole of the admissible evidence the Court was satisfied beyond reasonable doubt that the accused formed conspiracies to dope horses and to effect public mischief/cheat bettors; co-conspirator statements and acts in furtherance of the common design were admissible against the defendants where a sufficient foundation existed and, despite inconsistencies, the Court accepted key accomplice witnesses as truthful on matters of material relevance after applying appropriate caution and observing burden of proof.

Citation
THE QUEEN v. JOSEPH PEREIRA AND OTHERS
Parties
Prosecution: The Queen; Accused: Joseph Pereira; Accused: Cheung Yung-wah (aka Cheung Chai; Kwai Kwai); Accused: Tang Fu-man (aka Tang Wan); Accused: Lam Wong-fai (aka Ngau Por; aka Wong Fai); Accused: Chan Hung-ming (aka Hak Fei); Accused: Tsun Lai-kuen (aka Sai Chu)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 December 1971
Case Number
DCCC25/1971
Procedural Posture
Criminal Conspiracy / Trial Judgment (verdict)
Outcome
Verdicts: D1 (Joseph Pereira) guilty on Charges 1 and 2; D2 (Cheung Yung-wah) guilty on Charges 1 and 2; D3 (Tang Fu-man) guilty on Charges 1 and 2; D4 (Lam Wong-fai) guilty on Charges 1, 2, 3 and 4; D5 (Chan Hung-ming) guilty on Charges 1, 2, 3 and 4; D6 (Tsun Lai-kuen) guilty on Charges 1, 2, 3 and 4.
Legal Topics
Doping, Horse Racing, Evidence Admissibility, Co Conspirator Statements, Accomplice Testimony
Source Language
EN
Criminal Law Conspiracy Fraud Public Nuisance Sports Regulation Doping Horse Racing Evidence Admissibility +2 more

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Parties

The Queen

Prosecution

Joseph Pereira

Accused

Cheung Yung-wah (aka Cheung Chai; Kwai Kwai)

Accused

Tang Fu-man (aka Tang Wan)

Accused

Lam Wong-fai (aka Ngau Por; aka Wong Fai)

Accused

Chan Hung-ming (aka Hak Fei)

Accused

Tsun Lai-kuen (aka Sai Chu)

Accused

Procedural Posture

Criminal Conspiracy / Trial Judgment (verdict)

Legal Issues

  1. 1 Whether the six accused conspired to dishonestly interfere with racehorses (doping) to defraud bettors and horse owners
  2. 2 Admissibility and weight of statements and acts made by co-conspirators against other alleged conspirators
  3. 3 Reliability and corroboration of accomplice witnesses and treatment of inconsistencies

Ratio Decidendi

On the whole of the admissible evidence the Court was satisfied beyond reasonable doubt that the accused formed conspiracies to dope horses and to effect public mischief/cheat bettors; co-conspirator statements and acts in furtherance of the common design were admissible against the defendants where a sufficient foundation existed and, despite inconsistencies, the Court accepted key accomplice witnesses as truthful on matters of material relevance after applying appropriate caution and observing burden of proof.

Court Disposition

Verdicts: D1 (Joseph Pereira) guilty on Charges 1 and 2; D2 (Cheung Yung-wah) guilty on Charges 1 and 2; D3 (Tang Fu-man) guilty on Charges 1 and 2; D4 (Lam Wong-fai) guilty on Charges 1, 2, 3 and 4; D5 (Chan Hung-ming) guilty on Charges 1, 2, 3 and 4; D6 (Tsun Lai-kuen) guilty on Charges 1, 2, 3 and 4.