Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Theft offences

  • 16 May 2025

    HKSAR v. MA CHUN KIT

    Citation
    [2025] HKCA 451
    Court
    Court of Appeal
    Case number
    CACC224/2020

    The Court held that the trial judge's summing-up, read in context, did not produce an unfair trial because the focus and particulars of the charges were on appropriation of Hyundai HK's choses in action by unauthorised transfers, the alleged references to post-transfer dealings were evidential of dishonesty rather than a separate basis of liability, and the evidence against the appellant was overwhelming; Ghosh remains the law in Hong Kong and there was no legal requirement to expand the objective limb to include the defendant's beliefs such that a material miscarriage occurred; accordingly t…

  • 11 Apr 2003

    PAUL JOHN PHEBY v. ALOIS PAIER AND OTHERS

    Citation
    PAUL JOHN PHEBY v. ALOIS PAIER AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA4665/2002

    The judge found a real and appreciable risk that the defendant could face additional charges outside the Theft Ordinance (notably conspiracy to defraud); because those potential offences fall outside the scope of s.33 Cap.210, the privilege against self-incrimination was properly claimed and the plaintiff failed to prove contempt beyond reasonable doubt, so the committal application was dismissed.