Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Conspiracy with persons unknown

Legal area

Court

1 Feb 1999

CHIM PUI CHUNG v. HKSAR

Citation

CHIM PUI CHUNG v. HKSAR
Court

Court of Final Appeal
Case number

FAMC1/1999

The prosecution's duty to identify or particularise alleged persons unknown is fact-dependent and was satisfied on the evidence here; the summing-up and directions were adequate and there was ample evidence to infer conspiracy with persons unknown; no exceptional 'grave and substantial injustice' was shown; certification and leave to appeal were refused.
24 Dec 1998

HKSAR v. CHIM PUI CHUNG

Citation

HKSAR v. CHIM PUI CHUNG
Court

Court of Appeal
Case number

CACC402/1998

The Court refused to certify either point because (1) the prosecution provided sufficient particularity throughout the trial such that no general legal principle requiring a different practice was established and (2) the statutory mens rea in s71 is expressed in clear terms and did not require additional directions about 'contemplation'; thus no point of law of great and general importance arose from this decision.