THE QUEEN v. LAM YIN SANG AND ANOTHER

THE QUEEN v. LAM YIN SANG AND ANOTHER

On the evidence of commissions, discounts and benefits tied to introduction of new members, the magistrate was entitled to find that the "reward" was based at least in part on something other than the fair market value of goods or services, and therefore the convictions under Cap.355 were properly upheld.

Citation
THE QUEEN v. LAM YIN SANG AND ANOTHER
Parties
Respondent: THE QUEEN; 1st Appellant: LAM YIN SANG; 2nd Appellant: CHEUNG KWOK YAM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 1993
Case Number
HCMA46/1993
Procedural Posture
Criminal Appeal (magistracy) / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; convictions upheld
Legal Topics
Pyramid Selling, Statutory Interpretation, Definition of Reward, Evidence Sufficiency, Appeal Against Conviction
Source Language
EN
Criminal Law Commercial Law Company Law Pyramid Selling Statutory Interpretation Definition of Reward Evidence Sufficiency Appeal Against Conviction

Case Brief

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Parties

THE QUEEN

Respondent

LAM YIN SANG

1st Appellant

CHEUNG KWOK YAM

2nd Appellant

Procedural Posture

Criminal Appeal (magistracy) / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the element of "reward" under s.2(b) of the Pyramid Selling Prohibition Ordinance (Cap.355) was proved beyond reasonable doubt
  2. 2 Whether the reward was based in whole or in part on something other than the fair market value of goods or services
  3. 3 Whether the magistrate's finding on the factual evidence was open to him

Ratio Decidendi

On the evidence of commissions, discounts and benefits tied to introduction of new members, the magistrate was entitled to find that the "reward" was based at least in part on something other than the fair market value of goods or services, and therefore the convictions under Cap.355 were properly upheld.

Court Disposition

Appeal dismissed; convictions upheld

Orders

  • Appeal against conviction dismissed
  • Each appellant fined HKD 800