18 Feb 2003
HKSAR v. TANG HOI ON BARRY AND ANOTHER
- Citation
- HKSAR v. TANG HOI ON BARRY AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC284/2001
Entertainment as defined in s2(1) POBO is not an 'advantage' and cannot be circumvented by recharacterising it as payment, release or discharge of a liability under para (c); the judge erred in framing the charged advantages as discharges of liability without adequate analysis; because amendment on appeal to narrow particulars would cause injustice by changing what the accused had to meet and a retrial cannot be ordered given time served, the convictions are quashed and appeal allowed.