Hong Kong Case Law

香港特別行政區 訴 鄭嘉雄

Court

Court of Appeal

Case number

CACC124/2020

Leave to appeal was granted because the trial judge's adverse inference that the applicant possessed and intended to use the altered credit card was open to real doubt: the existence of another person with a key and residence at the premises (per PW3 DPC 9467) and the trial judge's failure to correctly state or consider that evidence meant the irresistible inference of exclusive possession and intent was not established, rendering the conviction potentially unsafe.

Source excerpt

• Possession
• Intention to use
• Inference of possession
• Sufficiency of evidence
• Trial judge's handling of witness evidence

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HKSAR v. HO WING YUE

Court

Court of First Instance

Case number

HCMA979/2008

Appeal against convictions for using false instruments dismissed. The court held the letters were forged, the appellant was the author, and the required intention was proved.

• False instrument
• Forgery
• Section 73 crimes ordinance
• Section 69(a)(i) falsity
• Principal vs accessory liability
• Fingerprint evidence

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SECRETARY FOR JUSTICE v. YEUNG HON KEUNG, LARRY

Court

Court of Appeal

Case number

CACC359/2006

The Court of Appeal held that support letters purporting to be from an employer could be false instruments under s.69(a)(vii) where no employer-employee relationship existed.

• Definition of "false" under s.69(a)(vii) crimes ordinance
• Forgery (s.71)
• Use of false instrument (s.73)
• Case stated procedure
• Reliance on attorney-general's reference (no.1 of 2000)
• Forgery

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HKSAR v. YEUNG HON KEUNG, LARRY

Court

Court of Appeal

Case number

CACC233/2006

The Court of Appeal refused leave to appeal against conviction and sentence for deception, fraud, forgery and use of a false instrument arising from a bogus PCLL application.

• Obtaining services by deception
• Fraud under s16a theft ordinance
• Claim of right/contractual entitlement defence
• Dishonesty test (r v ghosh)
• Duplicity and continuing offences
• Causation of benefit and prejudice

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HKSAR v. LEONG MEI YONG

Court

Court of First Instance

Case number

HCMA1103/2006

Appeal against sentence dismissed. The Court upheld 16 months' imprisonment for using a copy of a false instrument, finding the case serious and the mitigation insufficient.

• Using a copy of a false instrument s.74 crimes ordinance
• Sentencing starting point and discounts for guilty plea
• Mitigation (medical history, good character)
• Officer of the court aggravation
• Community service order and suspended sentence as alternatives
• Sentencing

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HKSAR v. HO WAN CHUNG, ALAN

Court

Court of Appeal

Case number

CACC374/2003

Court of Appeal granted leave to appeal against sentence and reduced the aggregate term from seven years to six years and three months.

• Possession of false instruments
• Possession of equipment for making false instruments
• Handling/receiving stolen goods
• Possession of imitation firearm
• Sentencing totality and concurrency/consecutivity
• Mitigation and starting point articulation

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HKSAR v. CHENG CHI WAI

Court

Court of First Instance

Case number

HCMA1046/2004

The Court of First Instance allowed a magistracy appeal, holding that the magistrate wrongly compared disputed handwriting without expert assistance or proper safeguards.

• Disputed handwriting
• Expert evidence on handwriting
• Identification evidence
• Safety of conviction
• Disputed-handwriting
• Expert-evidence

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HKSAR v. HOANG VAN GIA

Court

Court of First Instance

Case number

HCMA690/2002

Sentence appeal dismissed. The High Court upheld an aggregate 32-month term for forged identity document, false instrument, unlawful remaining, and breach of deportation order offences.

• Possession of forged identity card
• Possession of false instrument
• Unlawful entry and remaining in hong kong
• Breach of deportation order
• Consecutive sentencing
• Mitigation and personal circumstances

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HKSAR v. NGUYEN VAN PHU

Court

Court of First Instance

Case number

HCMA1240/2001

The Court of First Instance dismissed an appeal against a 15-month effective sentence for possession of a forged identity card, a false instrument, and overstaying.

• Possession of forged identity card
• Possession of false instrument
• Breach of condition of stay (overstay)
• Sentencing principles
• Aggravating factor: producing forged id to police
• Sentencing

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HKSAR v. LEE HA YU

Court

Court of First Instance

Case number

HCMA582/1999

Appeal against conviction for using a false instrument allowed after the court found a lurking doubt in the prosecution case and quashed the sentence.

• Use of false instrument (s74 crimes ordinance)
• Credibility and reliability of witnesses
• Handwriting expert evidence
• Appeal against conviction and sentence
• Lurking doubt doctrine
• False-instrument

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