Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Eiusdem generis

  • 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.

  • 24 Jan 1989

    THE QUEEN v. CHAN SAN-MAN

    Citation
    THE QUEEN v. CHAN SAN-MAN
    Court
    District Court
    Case number
    DCCC568/1988

    Invitation cards addressed to a name that may be a Triad Society can fall within 'writing of or relating to' a Triad Society, but the Crown must prove that the possessor/custodian knew that the writing related to a Triad Society; the evidence here was insufficient to prove that the cards related to the Fuk Yee Hing Triad Society or that the defendant knew such relation, therefore conviction could not be sustained and defendant was acquitted.