Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Automendacity

  • 2 Jun 2025

    HKSAR v. LI QINGBIN (李慶彬)

    Citation
    [2025] HKCFA 9
    Court
    Court of Final Appeal
    Case number
    FACC7/2024

    The appeal is dismissed. For IO s42(1)(a) and s42(2)(b) the prosecution must prove objective falsity, defined as 'false in a material particular'; materiality is an objective assessment by reference to immigration control functions and a date of birth can be material; automendacity does not restrict 'false' under s42(2)(b); the prosecution need not prove the defendant knew the particular was material; admissions by the defendant can establish falsity and hearsay does not bar conviction in this case.

  • 17 Apr 2024

    HKSAR v. LI QING BIN (李慶彬)

    Citation
    [2024] HKCFA 9
    Court
    Court of Final Appeal
    Case number
    FAMC14/2023

    The Court granted leave to appeal and certified five specific questions of great and general importance concerning the application of the automendacity principle to s.42 offences of the Immigration Ordinance, the relevance of contemporaneous explanation and automated verification under s.4A, whether an inaccurate unrectifiable date of birth is a false material particular, the mens rea requirement, and the existence of an implied reasonable excuse defence; the Court directed that the Applicant be legally represented and deferred fixing a hearing date pending legal aid and preparation of the pr…