3 Dec 2021
香港特別行政區 訴 黎樹棋
- Citation
- [2021] HKCFI 3583
- Court
- Court of First Instance
- Case number
- HCMA56/2021
The conviction was upheld because the appellant did not discharge the burden to establish the statutory defence under s17I(1A) — he failed to take all reasonably practicable steps (his enquiries were perfunctory and he fabricated an employment contract) and therefore the trial judge correctly rejected his evidence; sentencing followed established guidance (starting point 3 months reduced to 2.5 months) but, on appeal, the custodial sentence was suspended for 24 months given the appellant had been deceived and had substantial mitigation.