Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fraud vitiating consent
  • 4 May 2000

    HKSAR v. CHAN WAI HUNG

    Citation
    HKSAR v. CHAN WAI HUNG
    Court
    Court of First Instance
    Case number
    HCMA479/1999

    Magistrate's factual finding that the complainant did not consent was open on the evidence and supports the conviction; although the magistrate's alternative statement that consent would be vitiated by fraud was legally broader than necessary, that error did not affect the conviction because the primary finding was absence of consent; fraud only vitiates consent in limited cases of mistake as to nature or identity.