20 Jan 2010
HKSAR v. MA MICHAEL
- Citation
- HKSAR v. MA MICHAEL
- Court
- Court of First Instance
- Case number
- HCMA211/2009
Section 42(1) is plain: prosecution need not prove the factual falsity of the representation as a distinct element; it must prove either that the accused knew the representation to be false or did not believe it to be true; the appellant's admissions and evidence sufficiently established that he did not believe the passport particulars to be true, so convictions stand; sentencing was excessive in context and is varied to a suspended sentence of 3 months concurrent, suspended for 18 months from 5 January 2010.