Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Conspiracy to solicit advantage

Legal area

Court

30 Sept 2016

HKSAR v. YU LIK WAI WILLIAM AND ANOTHER

Citation

HKSAR v. YU LIK WAI WILLIAM AND ANOTHER
Court

Court of Appeal
Case number

CACC237/2015

Leave to appeal was refused because none of the grounds raised a reasonably arguable case: the trial judge permissibly admitted covert recordings and did not unfairly exercise discretion; he reasonably found both applicants lacked honest belief or lawful authority such that any error on how s24 burden was characterized was harmless; section 61 ICSO and the statutory disclosure/ex parte procedure supplied adequate safeguards so non-disclosure of redacted surveillance authorizations was justified and no inspection was warranted where relevance was speculative.
4 Aug 1995

R. v. HUNG HAK SING and Another

Citation

R. v. HUNG HAK SING and Another
Court

Court of Appeal
Case number

CACC642/1994

For the first applicant (Hung) the conviction under s.161 was unsafe and was quashed because the judge's own findings (access obtained as an act of friendship, no expectation of payment, unawareness of illegality) were inconsistent with a finding that access was "with a view to dishonest gain", and the judge could not properly treat unauthorised access to information as per se dishonest gain without reconciling those findings. For the second applicant (Choi) the conviction for conspiracy to solicit an advantage was upheld because the judge lawfully assessed the evidence, accepted PW4 and othe…