R. v. CHIH WAN WAN, VIVIAN and Another

R. v. CHIH WAN WAN, VIVIAN and Another

The Crown failed to prove beyond reasonable doubt that the mooncakes were offered by the appellants or on behalf of the 1st appellant; temporal and spatial association and other circumstantial features were inadequate to establish the necessary nexus or agency, and therefore convictions and the related expense...

Source-derived case information.

Citation
R. v. CHIH WAN WAN, VIVIAN and Another
Parties
Respondent: THE QUEEN; 1st Appellant: CHIH WAN WAN, VIVIAN; 2nd Appellant: FUNG SAI MUI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 October 1996
Case Number
HCMA190/1996
Procedural Posture
Magistracy Appeal (criminal) / Judgment on Appeal (convictions Quashed)
Outcome
Appeal allowed; convictions quashed; sentences set aside.
Legal Topics
Bribery and Corrupt Practices, Election Expenses Disclosure, Agency and Vicarious Liability, Evidential Inference in Criminal Trials
Source Language
en
Criminal Law Electoral Law Anti Corruption Law Bribery and Corrupt Practices Election Expenses Disclosure Agency and Vicarious Liability Evidential Inference in Criminal Trials

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Summary, issues, holding and outcome

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Parties

THE QUEEN

Respondent

CHIH WAN WAN, VIVIAN

1st Appellant

FUNG SAI MUI

2nd Appellant

Procedural Posture

Magistracy Appeal (criminal) / Judgment on Appeal (convictions Quashed)

Legal Issues

  1. 1 Whether appellants offered an advantage under s.5(1)(a) of Cap.288
  2. 2 Whether the alleged offer was made by the appellants or on behalf of the 1st appellant
  3. 3 Whether temporal and spatial association between canvassing and gift distribution suffices to establish criminal liability

Ratio Decidendi

The Crown failed to prove beyond reasonable doubt that the mooncakes were offered by the appellants or on behalf of the 1st appellant; temporal and spatial association and other circumstantial features were inadequate to establish the necessary nexus or agency, and therefore convictions and the related expense declaration conviction could not stand.

Court Disposition

Appeal allowed; convictions quashed; sentences set aside.

Orders

  • Each appeal allowed
  • Each conviction quashed