Hong Kong Case Law: Decisions & Judgments

Topic

Financial interest

Legal area

Court

27 Sept 2004

HKSAR v. LAU MING CHU

Citation

HKSAR v. LAU MING CHU
Court

Court of Appeal
Case number

CACC225/2004

The Court held that on the totality of the evidence the applicant and her husband provided substantial part of the purchase price, the applicant knew of and participated in the arrangements, and the false statements in the two allowance applications were made with intent to deceive CUHK; the judge did not rely on a bare presumption of resulting trust but on inferences properly drawn from the evidence; the convictions and suspended sentences were upheld.
24 Jul 2002

SIN LAW YUK LIN, AGNES AND ANOTHER v. HKSAR

Citation

SIN LAW YUK LIN, AGNES AND ANOTHER v. HKSAR
Court

Court of Final Appeal
Case number

FAMC22/2002

Leave to appeal refused because the legal point was clear that a shareholder has a financial interest in company-acquired property not yet assigned and because no reasonable case of substantial and grave injustice was shown; the Court of Appeal and trial judge properly addressed the belief issue and any other trial error did not materially affect that finding.
18 Jul 2001

HAU KAM CHOR v. HKSAR

Citation

HAU KAM CHOR v. HKSAR
Court

Court of Final Appeal
Case number

FAMC15/2001

A shareholder's interest in a company that owns property constitutes a 'financial interest' in that property, and the evidence permitted an irresistible inference that the applicant knew his spouse's mother became a shareholder and thus had the requisite knowledge and intent to deceive by failing to declare it; accordingly there is no substantial or grave injustice and leave to appeal is refused.
11 Jul 1994

R. v. LAW SHEUNG PING

Citation

R. v. LAW SHEUNG PING
Court

Court of First Instance
Case number

HCMA256/1994

The appeal was allowed because the trust instrument dated 26 June 1987, relied on by the magistrate, was executed after the critical date and the court had not given sufficient weight to other documentary and oral evidence which created a lurking doubt as to whether the appellant had a financial interest or was dishonest on 22 May 1987 and in January 1990; convictions were therefore unsafe and were quashed.

Hong Kong Case Law

HKSAR v. LAU MING CHU

SIN LAW YUK LIN, AGNES AND ANOTHER v. HKSAR

HAU KAM CHOR v. HKSAR

R. v. LAW SHEUNG PING