Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Documents as evidence
  • 8 Dec 2016

    HKSAR v. LUK KIN PETER JOSEP AND ANOTHER

    Citation
    HKSAR v. LUK KIN PETER JOSEP AND ANOTHER
    Court
    Court of Final Appeal
    Case number
    FACC8/2016

    The court held that a person who undertakes to find a purchaser and thereby assumes a duty to act in the principal's interest can be an "agent" under s.9 POBO even without a pre-existing contractual or fiduciary relationship; "other document" in s.9(3) is not ejusdem generis and includes board minutes; attribution of knowledge or permission to a company must be determined by the statute's purpose and cannot be used to defeat anti-corruption offences; on the facts the appellants were agents of China Mining, the board minutes were a document under s.9(3), and the appeals were dismissed.