20 Jul 2000
The Court held that the Court of Final Appeal's conclusion in Ng Siu Chau that apprentices were neither employees nor agents of the Jockey Club forms part of the ratio decidendi and is binding; therefore the appellant was not an agent of the Club and his conviction under s.9(1)(a) must be quashed.
10 Mar 1999
By majority (Mayo J.A. and Stuart-Moore J.A.) the convictions were upheld. The majority concluded that, on the totality of the evidence and by a broad remedial construction of the statute, the apprentice jockeys fell within employment/public servant definitions for s.4, that the trial judge did not improperly 'descend into the arena' in proposing or permitting amendments and that the evidence was sufficient to support findings of offers of advantage; accordingly the appeal was dismissed and convictions and sentence upheld. Nazareth V-P dissented, holding the prosecution had not proved employm…
19 Jul 1973
The conviction was upheld because the evidence established that the payment of $2,000 was at least partly on account of the public servant's assistance in promoting the appellant's interests with health inspectors, which satisfies s.4(1); the s.25 presumption was not rebutted; therefore the charge disclosed an offence and the conviction and 18‑month sentence were affirmed.