Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Failure to give satisfactory explanation

Legal area

Court

6 Sept 1985

THE QUEEN v. YAU SIU PANG

Citation

THE QUEEN v. YAU SIU PANG
Court

Court of First Instance
Case number

HCMA733/1985

Informing a suspect of the conduct that aroused police suspicion is permissible but the police must then seek an account of the person's presence without coupling the request with an accusation of a specific offence; only the explanation given at the time is relevant to liability under s.160(1).
3 Mar 1980

HO SHING-TUEN v. THE QUEEN

Citation

HO SHING-TUEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC5/1979

Conviction upheld because the combination of closeness of relationship and other circumstances (wife's lack of independent income, properties and large bank balance, and attempts to mislead investigators) gave reason to believe the wife held assets for the appellant under s.10(2); however the order made under s.12(3) was quashed because s.12(3) was not in force at the charge date and s.92 bars imposition of a penalty enacted after the commission of the offence since the offence crystallised on the charge date.