Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Marking the close

Legal area

Court

27 May 2013

SECURITIES AND FUTURES COMMISSION v. LIANG JIANG

Citation

SECURITIES AND FUTURES COMMISSION v. LIANG JIANG
Court

Court of First Instance
Case number

HCMP2651/2011

The appellate court held the magistrate did not err: he was entitled to apply the subjective test of intention, was not obliged to apply the second limb or to canvass recklessness absent evidential necessity, his acquittal was not perverse given his evaluation of expert and factual evidence, and his exercise of discretion to award costs was proper; both appeals dismissed and costs orders nisi made in favour of the respondent.
27 May 2013

SECURITIES AND FUTURES COMMISSION v. LIANG JIANG

Citation

SECURITIES AND FUTURES COMMISSION v. LIANG JIANG
Court

Court of First Instance
Case number

HCMA469/2012

The Court dismissed the appeals: the magistrate did not err as a matter of law in acquitting the respondent because he properly applied the subjective intention test, was not bound to invoke the second limb of intention absent facts requiring it, was not obliged to consider recklessness when the prosecution proceeded on intention, and his acceptance of the defence expert left reasonable doubt so the verdict was not perverse; the magistrate properly exercised his discretion on costs and there was no error in awarding costs to the respondent.