Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rule 4 indictment rules
  • 14 Aug 1984

    THE QUEEN v. FONG KAM-YEE

    Citation
    THE QUEEN v. FONG KAM-YEE
    Court
    Court of Appeal
    Case number
    CACC236/1984

    Omission of an express allegation of intent to defraud in particulars charging uttering of a forged cheque was not fatal because the statutory definition (s.74(2)) and s.70(2) establish that the relevant intent for a cheque is intent to defraud; the particulars identified the instrument as a cheque and thus contained the essential ingredient, and the accused was not prejudiced or embarrassed by the omission; accordingly the charges were not defective and a retrial was ordered.