6 Aug 2013
HKSAR v. CHAN WAI MING
- Citation
- HKSAR v. CHAN WAI MING
- Court
- Court of Appeal
- Case number
- CACC208/2012
The Court held that although the trial judge did not explicitly rely on s25(4) OSCO, the facts and the applicant’s own evidence supported grounding the conviction under s25(4), which treats the foreign conduct as if it had occurred in Hong Kong; therefore expert proof of Mainland illegality was not required, the applicant’s knowledge and reasonable belief were established (including by his participation in the conspiracy), and the proviso justified dismissing the appeal and upholding conviction and sentence.