Hong Kong Case Law: Decisions & Judgments

Topic

Employee dishonesty

Legal area

Court

9 Jan 2025

香港特別行政區訴羅麗萍

Citation

[2024] HKCFI 3734
Court

Court of First Instance
Case number

HCMA343/2023

On re‑hearing the court accepted the trial judge's factual findings and inferences: appellant retained three club devices after resignation and knew they belonged to the club; she altered payee details on multiple cheques and converted their proceeds into her account without authorization; defence explanations (forgetfulness or authorized cash distribution) were implausible and rejected. The evidence proved theft beyond reasonable doubt for the specified counts. Sentencing followed the Wu guideline for approximately HK$495,009.19, uplifted to reflect repeated offending over two years to 30 mo…
6 Aug 1992

MA CHIU CHONG AND OTHERS v. THE CHASE MANHATTAN BANK, N.A. AND ANOTHER

Citation

MA CHIU CHONG AND OTHERS v. THE CHASE MANHATTAN BANK, N.A. AND ANOTHER
Court

Court of First Instance
Case number

HCA6551/1990

The bank was liable to repay HK$2,000,000 because the account was expressly restricted so that the sons could not operate it alone; the 2nd Defendant obtained funds by forging his parents' signatures while acting as a bank employee and using bank documentation and position, and payments made on that forged authority rendered the bank liable; the bank is entitled to a full indemnity from the 2nd Defendant for the claim, interest and costs.
3 Oct 1975

YIP YIU SHUN v. THE QUEEN

Citation

YIP YIU SHUN v. THE QUEEN
Court

Court of Appeal
Case number

CACC715/1975

Although employee dishonesty is gravely serious, the appellant's substantial restitution, surrender of stolen property and voluntary return constituted significant mitigation; applying the totality principle the court reduced the aggregate sentence from three years to eighteen months, which was the minimum acceptable custodial term given the gravity of the offences.
29 Jul 1975

ATTORNEY GENERAL v. FRANCIS CHEUNG CHI-SUN

Citation

ATTORNEY GENERAL v. FRANCIS CHEUNG CHI-SUN
Court

Court of Appeal
Case number

CAAR13/1975

The court held that deliberate, large-scale obtaining of property by deception that threatens commercial trust is not properly dealt with by suspended sentences absent exceptional circumstances; the appropriate sentence was two years' imprisonment to take effect immediately (concurrent on each count), substituting the original suspended sentences.

Hong Kong Case Law

香港特別行政區 訴 羅麗萍

MA CHIU CHONG AND OTHERS v. THE CHASE MANHATTAN BANK, N.A. AND ANOTHER

YIP YIU SHUN v. THE QUEEN

ATTORNEY GENERAL v. FRANCIS CHEUNG CHI-SUN

香港特別行政區訴羅麗萍