HKSAR v. TSANG SHUN TING AND ANOTHER

HKSAR v. TSANG SHUN TING AND ANOTHER

The Magistrate was entitled to find that by proffering watches bearing the Omega trademark the appellants represented by conduct that the watches were genuine; representation can be inferred from the circumstances and was sufficient to support convictions for attempt to obtain property by deception; therefore the appeals are dismissed.

Citation
HKSAR v. TSANG SHUN TING AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: TSANG SHUN TING; 2nd Appellant: LAU KANG CHUEN CONRAD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 April 2005
Case Number
HCMA13/2005
Procedural Posture
Criminal Appeal From Magistrate (magistracy Appeal No. 13 of 2005) / Judgment on Appeal Against Convictions for Attempt (court of First Instance)
Outcome
Appeals dismissed; convictions for attempt to obtain property by deception upheld.
Legal Topics
Obtaining Property by Deception, Representation by Conduct, Attempt, Pawning, Reliance by Victim
Source Language
EN
Criminal Law Theft and Fraud Evidence Obtaining Property by Deception Representation by Conduct Attempt Pawning Reliance by Victim

Case Brief

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Parties

HKSAR

Respondent

TSANG SHUN TING

1st Appellant

LAU KANG CHUEN CONRAD

2nd Appellant

Procedural Posture

Criminal Appeal From Magistrate (magistracy Appeal No. 13 of 2005) / Judgment on Appeal Against Convictions for Attempt (court of First Instance)

Legal Issues

  1. 1 Whether proffering counterfeit watches amounted to a representation that they were genuine
  2. 2 Whether representation can be made by conduct or silence
  3. 3 Whether pawnbrokers relied on the representation rather than their own inspection

Ratio Decidendi

The Magistrate was entitled to find that by proffering watches bearing the Omega trademark the appellants represented by conduct that the watches were genuine; representation can be inferred from the circumstances and was sufficient to support convictions for attempt to obtain property by deception; therefore the appeals are dismissed.

Court Disposition

Appeals dismissed; convictions for attempt to obtain property by deception upheld.

Orders

  • Appeals dismissed