6 Jul 2005
HKSAR v. Kazuhiko FUJITA
- Citation
- HKSAR v. Kazuhiko FUJITA
- Court
- Court of Appeal
- Case number
- CACC327/2003
Convictions on Counts 3 and 4 were quashed because the trial judge materially misdirected the jury by (a) implying that 'proper enquiries' required consulting all directors without explaining what 'proper or appropriate enquiries' meant, and (b) omitting to direct that falsity must have been made dishonestly and with the requisite intention to gain or cause loss under the false accounting offence; those omissions were material and not cured, so the convictions were unsafe and must be set aside.