19 May 1977
IP CHIU AND ANOTHER v. THE QUEEN
- Citation
- IP CHIU AND ANOTHER v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC99/1977
The convictions were quashed because the proved payment related to preventing fabricated future police conduct (planting evidence), which is not abstention from performing an act 'in his capacity as' a public servant; therefore there was no evidence to put appellants on their defence for accepting an advantage under s.4(2) and the convictions were unsafe. Procedural and evidence objections did not justify upholding the convictions, and appellate substitution of a new charge (blackmail) was inappropriate at this stage.