19 Jan 2015
HKSAR v. MAK CHUN KONG
- Citation
- HKSAR v. MAK CHUN KONG
- Court
- Court of Appeal
- Case number
- CACC446/2013
The conviction was upheld because the evidence established a conspiratorial agreement formed before the applicants' marriage (28 March–16 May 2012) so the appellant could be convicted of conspiracy to defraud with his wife; the trial judge's inference of a third conspirator was unsafe but ultimately immaterial because liability was established by the pre-marriage agreement; s159B(2) is inapplicable to common law conspiracy but this did not vitiate the conviction; sentencing properly included acts done pursuant to the pre-formed agreement and the sentence was affirmed.