Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Theft ordinance s6(2)
  • 5 Nov 2025

    HKSAR v. CHU KA LOK

    Citation
    [2025] HKCA 951
    Court
    Court of Appeal
    Case number
    CACC69/2023

    The Court found insufficient evidence that the payer intended the payments to be held on trust or that the applicant agreed to such restriction; applying Preddy the increases in the applicant's account balances were choses in action belonging to the applicant; accordingly sections 6(2) and 6(3) of the Theft Ordinance did not apply and the prosecution failed to prove that the property belonged to the Company; the convictions were unsafe and were quashed and the sentence set aside.