Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Cssa fraud

Legal area

Court

19 May 2017

HKSAR v. LAI KA YIN

Citation

HKSAR v. LAI KA YIN
Court

Court of First Instance
Case number

HCMA294/2016

The court upheld conviction because the undisclosed cheque deposits, shown by bank records and withdrawals and their timing relative to review interviews, became appellant's assets and supported an irresistible inference of concealment and intent to defraud; the magistrate did not misapply burden or the Ghosh test. On sentence, having weighed aggravating and mitigating factors, the court substituted a suspended term: original 4 months imprisonment suspended for 2 years.
21 Dec 2004

HKSAR v. PUN TUNG YING

Citation

HKSAR v. PUN TUNG YING
Court

Court of First Instance
Case number

HCMA1031/2004

The magistrate's findings that the accounts were in the appellant's sole name, that she operated and withdrew funds, and that her explanation was implausible established dishonesty and proof beyond reasonable doubt; the sentence of 12 months concurrent per count was within the appropriate range and not interfered with on appeal.
29 Dec 1999

HKSAR v. WONG KAM SANG

Citation

HKSAR v. WONG KAM SANG
Court

Court of First Instance
Case number

HCMA1156/1999

The court held the Magistrate's sentencing approach was appropriate: a 15-month starting point reduced to 10 months per count to reflect timely guilty pleas was proportionate to the seriousness of repeated CSSA fraud involving $61,158.19; the sentences were not excessive and the appeal was dismissed.