Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Drawing inferences from silence
  • 24 Feb 2004

    HKSAR v. CHAN YUK MING

    Citation
    HKSAR v. CHAN YUK MING
    Court
    Court of First Instance
    Case number
    HCMA133/2004

    Given uncontradicted evidence that deposits were made into and withdrawn from the Appellant's account on the same days, that the account was in his name and operable only by him according to bank records, and his failure to give evidence or provide a credible explanation, the only reasonable and compelling inference was that the Appellant dishonestly dealt with the sums; the Magistrate was entitled to convict of theft.

    • Theft
    • Procuring making of entry in bank record by deception
    • Drawing inferences from silence
    • Appellate review of magistrate findings
    • Account misuse via atm