Hong Kong Case Law: Decisions & Judgments

Topic

Blackmail/extortion

Legal area

Court

28 Oct 2010

T v. SHIU WAI TUEN

Citation

T v. SHIU WAI TUEN
Court

Court of First Instance
Case number

HCA2229/2007

Based on credibility, demeanour and inherent probabilities the court found the Plaintiff voluntarily and unconditionally gifted the Defendant HK$17.8 million; there was no compelling evidence that the Defendant extorted HK$8.3 million by threats; accordingly the Plaintiff's claim for repayment was dismissed. Conversely, the court found the Plaintiff gave false witness statements to police causing arrest and charge of the Defendant; all elements of malicious prosecution were satisfied and judgment entered for the Defendant on the counterclaim with awards for special and general damages, intere…
10 Jul 2009

HKSAR v. WAN KWOK HUNG

Citation

HKSAR v. WAN KWOK HUNG
Court

Court of Appeal
Case number

CACC287/2007

The trial judge was entitled to accept the police evidence and conclude the applicant's admissions in the formal cautioned interviews were made freely and voluntarily and were corroborated by independent witness evidence and conduct; on that basis convictions for blackmail, theft, criminal damage and triad membership were safe and the concurrent aggregate sentence was appropriate.
8 Jan 1997

THE QUEEN v. MAK WING HIN

Citation

THE QUEEN v. MAK WING HIN
Court

Court of Appeal
Case number

CACC383/1996

The trial judge accepted the victim as a credible witness, rejected the applicant's account, applied the correct objective test for whether the words and conduct constituted a menacing demand, and concluded the elements of blackmail were proved; accordingly leave to appeal was refused and conviction and sentence upheld.
1 Aug 1990

THE QUEEN v. KO WUN CHUNG

Citation

THE QUEEN v. KO WUN CHUNG
Court

Court of Appeal
Case number

CACC70/1990

The trial judge reasonably inferred from the totality of evidence — the applicant's membership of a large group that detained staff, blocked communication, and forced the production of a cheque, combined with his failure to dissociate himself or give evidence to the contrary — that the applicant was aware of and party to using menaces and did not believe those menaces were proper means of enforcing the debt under s23(1)(b) of the Theft Ordinance, thus justifying refusal of leave to appeal.
25 Jan 1990

THE QUEEN v. CHEUNG YUEN MING

Citation

THE QUEEN v. CHEUNG YUEN MING
Court

Court of Appeal
Case number

CACC121/1989

The blackmail conviction was quashed because the trial judge misdirected himself by treating inadmissible hearsay as proof of the nature of the photographs and failed properly to evaluate evidence on the essential element of menaces, rendering the conviction unsafe; leave to appeal granted and conviction and sentence for blackmail quashed, while the sentences for unlawful intercourse were upheld as appropriate and consecutive.
20 Feb 1987

THE QUEEN v. YU FUNG SAU

Citation

THE QUEEN v. YU FUNG SAU
Court

Court of Appeal
Case number

CACC579/1986

The Court quashed the conviction because the discrepancies between the prosecution witnesses' trial evidence and their prior statements were material and significant enough to raise doubt about the safety of the verdict, and the trial judge erred in treating those discrepancies as immaterial.

Hong Kong Case Law

T v. SHIU WAI TUEN

HKSAR v. WAN KWOK HUNG

THE QUEEN v. MAK WING HIN

THE QUEEN v. KO WUN CHUNG

THE QUEEN v. CHEUNG YUEN MING

THE QUEEN v. YU FUNG SAU