11 Dec 2020
香港特別行政區 訴 鄧永棟
- Citation
- [2020] HKCFI 3054
- Court
- Court of First Instance
- Case number
- HCMA89/2020
Appeal allowed because the conviction was unsafe: the trial judge failed adequately to explain or support the essential factual finding that the employer had suffered or was put at risk of economic loss, a matter central to whether the appellant's dishonest agreement amounted to conspiracy to defraud; although the law permits conviction where economic loss or risk exists, the absence of adequate reasoning and unresolved evidential issues (including the provenance of the appellant's assertion about sickness allowance) rendered the conviction insecure.