25 Apr 2008
HKSAR v. LEUNG WAI YIP
- Citation
- HKSAR v. LEUNG WAI YIP
- Court
- Court of Appeal
- Case number
- CACC315/2005
The Court held that the applicant by dishonestly arranging and requesting the diversion of HKMA's payment to Company 2 had assumed and usurped the rights of the owner (Company 1) in respect of the chose in action; that dishonest appropriation can occur despite the transfer being effected by the victim or its agent when the defendant's conduct has adversely interfered with the owner's rights (applying Gomez and Wong Cho-sum); and on the facts the elements of theft (appropriation, property belonging to another, dishonesty and intent to permanently deprive) were proved, so the conviction stands.