31 Jan 2008
HKSAR v. DESMOND JAMES ALBERT CONWAY
- Citation
- HKSAR v. DESMOND JAMES ALBERT CONWAY
- Court
- Court of Appeal
- Case number
- CACC92/2007
Section 51(2) Criminal Procedure Ordinance legitimately allowed conviction under s75(2) because the allegations included that offence; even assuming no explicit notice was given, the defence suffered no prejudice because the same credibility and provenance issues were central to the charged offence and no different course would have been taken; the files stored on the applicant's computer constituted original instruments under the statutory definition (storage medium plus data) and the trial judge was justified in inferring the applicant created or controlled those files without the need for…