14 Apr 2022
HKSAR v. CHAN KAM CHING (陳鑑清)
- Citation
- [2022] HKCFA 7
- Court
- Court of Final Appeal
- Case number
- FACC10/2021
CO s69(a)(vii) must be construed ejusdem generis with the other heads of falsity in s69(a): a 'false instrument' requires that the instrument on its face misrepresents the circumstances of its own making or alteration (automendacity); lies about underlying transactions are extraneous and do not satisfy s69(a)(vii). Therefore the appellant's convictions under CO ss73 and 74, based on alleged falsity about the underlying transaction and payment, were unsafe and are quashed; substitution is inappropriate because the charges do not amount to or include the alternative offences and statutory subst…