9 Sept 1999
HKSAR v. WONG KAY DIN
- Citation
- HKSAR v. WONG KAY DIN
- Court
- Court of Appeal
- Case number
- CACC322/1998
The Court dismissed the application for a certificate under s.32 and refused to certify the proposed questions to the Court of Final Appeal. While the court expressed the view that, as a matter of law, a bank payment extinguishes or reduces the payer's chose in action and creates a new chose in action in the payee's account so that the payee did not 'obtain' the payer's property for the purposes of s.6 of the Theft Ordinance, it concluded that the points did not satisfy the statutory requirements for certification and refused to refer them.