THE QUEEN v. LI PING-LUN AND ANOTHER

THE QUEEN v. LI PING-LUN AND ANOTHER

The Crown proved beyond reasonable doubt that D1 controlled funds in D2's account and those funds were disproportionate to his official emoluments and D1 failed to give a satisfactory explanation, warranting conviction on both counts; the Crown failed to prove that D2 knew or was wilfully blind that the funds were...

Source-derived case information.

Citation
THE QUEEN v. LI PING-LUN AND ANOTHER
Parties
Prosecution: The Queen; Defendant: LI Ping-lun; Defendant: CHAN Yiu-kuen
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 August 1977
Case Number
DCCC40/1977
Procedural Posture
Criminal Prosecution Under Prevention of Bribery Ordinance S.10(1)(b) / Trial Judgment (conviction of First Defendant; Acquittal of Second Defendant)
Outcome
First defendant (LI Ping-lun) convicted on both counts under s.10(1)(b); Second defendant (CHAN Yiu-kuen) acquitted of aiding and abetting
Legal Topics
Disproportionate Assets, Aiding and Abetting, Mens Rea and Recklessness, Presumption of Control (s.10(2)), Burden of Proof Shift, Witness Immunity Procedure
Source Language
en
Criminal Law Anti Corruption Law Evidence Law Banking Law Disproportionate Assets Aiding and Abetting Mens Rea and Recklessness Presumption of Control (s.10(2)) +2 more

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Parties

The Queen

Prosecution

LI Ping-lun

Defendant

CHAN Yiu-kuen

Defendant

Procedural Posture

Criminal Prosecution Under Prevention of Bribery Ordinance S.10(1)(b) / Trial Judgment (conviction of First Defendant; Acquittal of Second Defendant)

Legal Issues

  1. 1 Whether D1 (LI Ping-lun) was in control of pecuniary resources disproportionate to his official emoluments
  2. 2 Whether funds in two bank accounts could be attributed to D1 on the specified dates
  3. 3 Whether D2 (CHAN Yiu-kuen) aided and abetted D1 by holding an account as a front and knew or was wilfully blind that the funds were corrupt or would not be satisfactorily explained

Ratio Decidendi

The Crown proved beyond reasonable doubt that D1 controlled funds in D2's account and those funds were disproportionate to his official emoluments and D1 failed to give a satisfactory explanation, warranting conviction on both counts; the Crown failed to prove that D2 knew or was wilfully blind that the funds were corrupt or would not be satisfactorily explained, requiring acquittal of D2 on the aiding and abetting charge.

Court Disposition

First defendant (LI Ping-lun) convicted on both counts under s.10(1)(b); Second defendant (CHAN Yiu-kuen) acquitted of aiding and abetting

Orders

  • Convict LI Ping-lun on both charges under Prevention of Bribery Ordinance s.10(1)(b)
  • Acquit CHAN Yiu-kuen of the charge of aiding and abetting