Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Materiality of particulars (date)
  • 6 Jul 2005

    HKSAR v. LEE MAN FAI

    Citation
    HKSAR v. LEE MAN FAI
    Court
    Court of First Instance
    Case number
    HCMA268/2005

    The High Court found no error in the magistrate's factual finding that the appellant's admissions were given voluntarily and were accurately recorded; those admissions, when combined with PW1's evidence that the appellant made a claim at the shopping mall on 8 October and the magistrate's specific finding that the appellant did speak to PW1 on that date, were sufficient to prove the offence of claiming to be a member of a triad society on 8 October. The date was not a material averment in the circumstances and the conviction was therefore safe.