Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Making a false instrument (s.71)
  • 5 Aug 1996

    CHIU SIN WAI v. R.

    Citation
    CHIU SIN WAI v. R.
    Court
    Court of First Instance
    Case number
    HCMA505/1996

    For a maker prosecuted under s.71 the prosecution need only prove the maker's specific intention that the false instrument be used for the proscribed purpose and that its use was within his contemplation; the additional 'double intention' required of a user under s.73 is unnecessary for s.71. Applying that rule, the appellant's conviction under s.71 was safely supported by the evidence. Conversely, conviction under s.90(1) requires the assisted person to have been an offender in the charged period; because the Immigration Department's successive extensions had retrospective effect, PW1 was no…