31 Aug 2005
HKSAR v. YEUNG CHUN PONG AND OTHERS
- Citation
- HKSAR v. YEUNG CHUN PONG AND OTHERS
- Court
- District Court
- Case number
- DCCC438/2005
The plea of autrefois acquit fails because the Macao proceedings did not place the Accused in jeopardy for the Hong Kong offence alleged in the first charge: the Macao offence required an overt act and did not include the bank account (275-1-076-874) and time period alleged in the first Hong Kong charge; consequently the evidence necessary to secure a conviction on the Hong Kong charge would not have been sufficient to procure a conviction on the Macao charge. There is no evidence of prosecutorial mala fides or oppressive conduct warranting a stay; accordingly the prosecution of the first cha…