R. v. LIU CHEUNG HON

R. v. LIU CHEUNG HON

The Governor's reference under s.113A(1)(a) is to be treated as an appeal and permits raising all grounds including those previously considered by an appellate court, but the rehearing court will normally follow prior appellate findings unless shown per incuriam; the magistrate properly applied s.27's 'no injustice' test, did not rely on an excluded cautioned statement for conviction, the mens rea requirement was satisfied by the only reasonable inference from the admitted facts and unchallenged evidence, PW4's evidence sufficed to support finding of a corrupt 'general sweetener' related to the principal's affairs, and there was no lurking doubt — appeal dismissed.

Citation
R. v. LIU CHEUNG HON
Parties
Respondent: The Queen; Appellant: Liu Cheung-hon
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 1994
Case Number
HCMA278/1993
Procedural Posture
Criminal Appeal (governor's Reference Treated as Appeal) / Reference Under S.113 A(1)(a) to High Court Judge; Rehearing of Outstanding Grounds
Outcome
Appeal dismissed; conviction and fine affirmed
Legal Topics
Governor's Reference Under S.113 a, Scope of Appeal After Prior Appellate Determination, Amendment of Charge Under S.27, Admissibility of Cautioned Statements, Mens Rea and Circumstantial Inference, Sufficiency of Evidence, Lurking Doubt
Source Language
EN
Criminal Law Criminal Procedure Magistrates' Jurisdiction Anti Corruption / Prevention of Bribery Governor's Reference Under S.113 a Scope of Appeal After Prior Appellate Determination Amendment of Charge Under S.27 Admissibility of Cautioned Statements +3 more

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Parties

The Queen

Respondent

Liu Cheung-hon

Appellant

Procedural Posture

Criminal Appeal (governor's Reference Treated as Appeal) / Reference Under S.113 A(1)(a) to High Court Judge; Rehearing of Outstanding Grounds

Legal Issues

  1. 1 Whether a Governor's reference under s.113A(1)(a) permits rehearing of all grounds including those decided by a prior Court of Appeal decision
  2. 2 Whether s.9(2)(a) and (b) of the Prevention of Bribery Ordinance constitute separate offences or modes of the same offence
  3. 3 Whether a magistrate may amend the particulars of charge under s.27 of the Magistrates Ordinance and the proper test (no injustice)

Ratio Decidendi

The Governor's reference under s.113A(1)(a) is to be treated as an appeal and permits raising all grounds including those previously considered by an appellate court, but the rehearing court will normally follow prior appellate findings unless shown per incuriam; the magistrate properly applied s.27's 'no injustice' test, did not rely on an excluded cautioned statement for conviction, the mens rea requirement was satisfied by the only reasonable inference from the admitted facts and unchallenged evidence, PW4's evidence sufficed to support finding of a corrupt 'general sweetener' related to the principal's affairs, and there was no lurking doubt — appeal dismissed.

Court Disposition

Appeal dismissed; conviction and fine affirmed

Orders

  • Appeal dismissed
  • Conviction and fine of HKD 150000 affirmed