THE QUEEN v. CHAN SHING FOON

THE QUEEN v. CHAN SHING FOON

The court held that the Hongkong and Shanghai Banking Corporation was induced to pay by the false documents presented and that the evidence (false registration, false addresses, false packing list, orchestration of shipping of empty containers and involvement in document preparation) was sufficient to prove both...

Source-derived case information.

Citation
THE QUEEN v. CHAN SHING FOON
Parties
Respondent (prosecution): THE QUEEN; Appellant (accused): CHAN Shing-foon; Appellant (accused): CHEUK Ka-pui
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 September 1987
Case Number
CACC141/1987
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction (both Appellants) and Against Sentence (d.2) Heard in Court of Appeal
Outcome
Applications for leave to appeal against conviction refused for both appellants; application for leave to appeal against sentence (D.2) dismissed; convictions and sentences affirmed.
Legal Topics
Procuring Execution of a Valuable Security, Letters of Credit, Deception by False Documents, Accomplice Evidence, Sentence Review
Source Language
en
Criminal Law Fraud Commercial Law Evidence Procuring Execution of a Valuable Security Letters of Credit Deception by False Documents Accomplice Evidence +1 more

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Parties

THE QUEEN

Respondent (prosecution)

CHAN Shing-foon

Appellant (accused)

CHEUK Ka-pui

Appellant (accused)

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction (both Appellants) and Against Sentence (d.2) Heard in Court of Appeal

Legal Issues

  1. 1 Whether the confirming bank was deceived by documents presented under the letter of credit
  2. 2 Whether each defendant knew the containers were empty and thus had guilty knowledge
  3. 3 Whether the trial judge erred in relying on uncorroborated evidence of a witness alleged to be an accomplice

Ratio Decidendi

The court held that the Hongkong and Shanghai Banking Corporation was induced to pay by the false documents presented and that the evidence (false registration, false addresses, false packing list, orchestration of shipping of empty containers and involvement in document preparation) was sufficient to prove both appellants knew of and participated in the deception; there was no basis to disturb convictions or sentences.

Court Disposition

Applications for leave to appeal against conviction refused for both appellants; application for leave to appeal against sentence (D.2) dismissed; convictions and sentences affirmed.

Orders

  • Leave to appeal against conviction refused for CHAN Shing-foon
  • Leave to appeal against conviction refused for CHEUK Ka-pui