HKSAR v. CHAN HOK NING, RICKY AND ANOTHER

HKSAR v. CHAN HOK NING, RICKY AND ANOTHER

The judge accepted the prosecution witnesses and admissions, found the representation that purchasers were referred by FAPA was false and made with intent to defraud, concluded D2 joined D1 in a joint enterprise, that acts were more than preparatory and that the prosecution proved attempted fraud beyond reasonable doubt, so the convictions were upheld.

Citation
HKSAR v. CHAN HOK NING, RICKY AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: CHAN HOK NING, RICKY (陳學寧); 2nd Appellant: CHUNG PAK FUNG (鍾百豐)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 September 2014
Case Number
HCMA339/2014
Procedural Posture
Criminal Appeal From Magistrates' Court / Court of First Instance Judgment on Conviction
Outcome
Appeals against conviction dismissed; convictions of both appellants upheld
Legal Topics
Attempted Fraud, Deceit, Joint Enterprise, Admissions Under Caution, Credibility of Witnesses, Section 65 B Statements
Source Language
EN
Criminal Law Fraud Property Law Evidence Attempted Fraud Deceit Joint Enterprise Admissions Under Caution +2 more

Case Brief

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Parties

HKSAR

Respondent

CHAN HOK NING, RICKY (陳學寧)

1st Appellant

CHUNG PAK FUNG (鍾百豐)

2nd Appellant

Procedural Posture

Criminal Appeal From Magistrates' Court / Court of First Instance Judgment on Conviction

Legal Issues

  1. 1 Whether appellants committed attempted fraud by deceit to induce payment of commission
  2. 2 Whether D2 participated in a joint enterprise with D1 to defraud Ricacorp
  3. 3 Whether the impugned representations were more than merely preparatory acts

Ratio Decidendi

The judge accepted the prosecution witnesses and admissions, found the representation that purchasers were referred by FAPA was false and made with intent to defraud, concluded D2 joined D1 in a joint enterprise, that acts were more than preparatory and that the prosecution proved attempted fraud beyond reasonable doubt, so the convictions were upheld.

Court Disposition

Appeals against conviction dismissed; convictions of both appellants upheld

Orders

  • Each appellant\u2019s appeal against conviction is dismissed