Hong Kong Case Law: Decisions & Judgments

Topic

Fraud under theft ordinance s16a

Legal area

Court

19 Dec 2023

HKSAR v. CHOY KAM KUEN AND ANOTHER

Citation

[2023] HKCA 1313
Court

Court of Appeal
Case number

CACC137/2022

The judge properly applied Turnbull by analysing the quality, opportunity and duration of observations, addressed the specific criticisms and discrepancies, found the identifications by PW1 and PW2 reliable on the evidence (including witnesses' opportunities to observe and accuseds' connections to World Link), and accordingly the convictions were not unsafe; leave to appeal was therefore refused.
18 Jul 2023

HKSAR v. NG CHIU MAN (吳釗民)

Citation

[2023] HKCFA 18
Court

Court of Final Appeal
Case number

FAMC58/2022

The Court held the charge was defective in alleging that the accused said a policy was a "prerequisite", but the evidence established deceit by falsely linking policy purchase to account opening; the charge should and could have been amended without causing injustice; there was no arguable substantial and grave injustice to justify leave, so the application for leave was dismissed.
29 Jan 2021

香港特別行政區訴盧永昌及另一人

Citation

[2021] HKCFI 245
Court

Court of First Instance
Case number

HCMA304/2019

The trial judge properly found the prosecution proved all essential elements of the s16A offences beyond reasonable doubt; s16A(2) operates to treat intent as satisfied on the accepted factual findings; the trial judge's credibility assessments and evaluation of character and other evidence were not plainly wrong; therefore the convictions are safe and must be affirmed.
8 Sept 2017

HKSAR v. WONG CHOU, JOHNNY

Citation

HKSAR v. WONG CHOU, JOHNNY
Court

Court of Appeal
Case number

CACC364/2016

Leave to appeal against conviction refused because the applicant failed to demonstrate any reasonably arguable ground; the trial judge's acceptance of prosecution witnesses (notably PW6) and rejection of the applicant's account was open on the evidence, including PW6's direct evidence that the LOU was explained, income proofs shown and confirmed, and the LOU contained warranties; therefore no basis to disturb the verdict.
11 Nov 2015

HKSAR v. LIU KIT MAN

Citation

HKSAR v. LIU KIT MAN
Court

Court of Appeal
Case number

CACC216/2015

Judge found applicant knowingly concealed his 30% interest in Hong Kong Infix, was under statutory and corporate duties to disclose related party interests, acted dishonestly with intent to defraud by seeking to induce Kabu (via Mr Wong) to award design contracts to Hong Kong Infix, and that the concealment causally contributed to Kabu awarding those contracts; leave to appeal against conviction was refused.

Hong Kong Case Law

HKSAR v. CHOY KAM KUEN AND ANOTHER

HKSAR v. NG CHIU MAN (吳釗民)

香港特別行政區 訴 盧永昌及另一人

HKSAR v. WONG CHOU, JOHNNY

HKSAR v. LIU KIT MAN

香港特別行政區訴盧永昌及另一人