12 Feb 2009
HKSAR v. KANJANAPAS CHONG KWONG DEREK AND OTHERS
- Citation
- HKSAR v. KANJANAPAS CHONG KWONG DEREK AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC248/2006
The court confirmed that conspiracy to pervert the course of public justice requires proof of an agreement and the intent to perform acts that have a tendency to pervert the course of justice; however, subjective belief that a potential witness was not unlawfully detained is an evidentiary factor but not a universal essential element of the conspiracy charge. Disclosure offences under s.17 WPO require proof of an intention to disclose and the declarant's belief about WPP status in assessing culpability. Applying these principles to the record, the Court of Appeal (majority) dismissed leave to…