Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mens rea (knowledge/belief)

Legal area

Court

10 Mar 2022

HKSAR v. MARISTELA RHEA NERISSA CURBI AND ANOTHER

Citation

[2022] HKCA 422
Court

Court of Appeal
Case number

CACC246/2021

The judge’s findings that the applicants had the requisite knowledge or belief that the HK$500 notes were counterfeit, based on admissions, VRIs and CCTV evidence, were not reasonably arguable as erroneous; accordingly leave to appeal against conviction (1st applicant) and against sentence (both applicants) was refused and the sentences were held within the available discretion.
17 Jan 2001

HKSAR v. LEE SZE WANG AND ANOTHER

Citation

HKSAR v. LEE SZE WANG AND ANOTHER
Court

Court of First Instance
Case number

HCMA903/2000

Appeal allowed and conviction set aside because the deputy magistrate relied on factual findings that were mistaken (including mistranslated interview evidence) and failed to address the crucial mens rea element; the conviction based on an 'irresistible inference' was therefore unsafe.
7 Apr 1987

THE QUEEN v. LEE MAN LUNG

Citation

THE QUEEN v. LEE MAN LUNG
Court

Court of First Instance
Case number

HCMA208/1987

Convictions quashed because the magistrate failed to make and record specific findings and reasons on the subjective element (that the appellant knew or believed the goods were stolen); without such articulated findings it is impossible to conclude the prosecution proved this essential element beyond reasonable doubt, rendering the convictions unsafe.