Hong Kong Case Law: Decisions & Judgments

Topic

Procuring execution of valuable security by deception

Legal area

Court

16 Jul 2004

HKSAR v. CHUNG CHUEK WAI, ALLEN

Citation

HKSAR v. CHUNG CHUEK WAI, ALLEN
Court

Court of First Instance
Case number

HCMA913/2003

The appellate court held the learned Magistrate's factual findings were supported by the evidence and not perverse; she permissibly drew the necessary inferences to find dishonesty under the Ghosh test for Charges 1 and 2 and found intention to permanently deprive on Charge 3; convictions were therefore upheld but, giving weight to restitution and character mitigation, the custodial sentence of 8 months was suspended for two years.
30 Jan 2004

HKSAR v. TO KWONG FAI

Citation

HKSAR v. TO KWONG FAI
Court

Court of Appeal
Case number

CACC132/2003

The applicant was knowingly involved in a planned fraud, paid the agent for false certificates, and was not an innocent dupe; the original sentencing (18 months and 18 months with 6 months consecutive, total 24 months) was appropriate and the application for leave to appeal against sentence is dismissed.
20 Aug 2002

HKSAR v. CHAN YIU MING ALLAN

Citation

HKSAR v. CHAN YIU MING ALLAN
Court

Court of Appeal
Case number

CACC560/2001

The judge did not impose any legal burden on the applicant nor reduce the prosecution's standard of proof; his use of terms like 'balance of probabilities' and 'reasonable excuse' was explanatory and did not affect legal standards. He was entitled to prefer the totality of the circumstantial evidence over tentative expert handwriting opinion. On that basis the convictions were not unsafe and the application to appeal was dismissed.

Hong Kong Case Law

HKSAR v. CHUNG CHUEK WAI, ALLEN

HKSAR v. TO KWONG FAI

HKSAR v. CHAN YIU MING ALLAN