1 Apr 2010
HKSAR v. CHAN WAI YIP AND OTHERS
- Citation
- HKSAR v. CHAN WAI YIP AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA449/2008
The Court allowed the appeals: an agreement among bidders to pre-allocate stalls and not to compete at a restricted auction, absent aggravating features (fraudulent misrepresentation, deception, intimidation, inducement of breach, or other dishonest means that deceive the victim), does not constitute the common law offence of conspiracy to defraud. Criminalisation of such commercial conduct in the absence of aggravating features requires clear legislative provision; therefore the convictions were unsafe and were quashed.