2 Mar 2006
HKSAR v. CHAN PUI TONG
- Citation
- HKSAR v. CHAN PUI TONG
- Court
- Court of First Instance
- Case number
- HCMA1139/2005
The conviction was unsafe because the magistrate treated contractual non‑entitlement and failure to disclose as per se dishonest without sufficiently considering context, evidence of an honest belief or intention to remedy the situation, and the realistic expectation that the bank would notify the employer; the prosecution failed to exclude an honest explanation beyond reasonable doubt for the periods in question, so the finding of dishonesty could not be sustained.