Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dishonesty standard (theft)
  • 5 Mar 1999

    HKSAR v. CHAN TAK KWONG

    Citation
    HKSAR v. CHAN TAK KWONG
    Court
    Court of First Instance
    Case number
    HCMA945/1998

    The appeal against the theft conviction was allowed because material inconsistencies and omissions in the sole prosecution witness's accounts (notably failure to disclose the car-park meeting, pumping of oil, and absence of triad threats in multiple statements) and plausible alternative inference of legitimate compensation/claimed losses created a lurking doubt as to whether the Appellant was dishonest when taking $18,000; the assault conviction was upheld because the eyewitness account and medical findings were consistent and sufficient to prove assault occasioning actual bodily harm beyond…