Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Inference of participation

  • 16 Feb 2015

    HKSAR v. WONG TAK KEUNG

    Citation
    HKSAR v. WONG TAK KEUNG
    Court
    Court of Final Appeal
    Case number
    FACC8/2014

    Appeal allowed and conviction quashed because there was no evidential basis to conclude the appellant was party to the conspiracy to export drugs from Hong Kong (the conspiracy's object was fulfilled on departure of the courier), the trial judge's direction on inference was defective, and neither common law nor Crimes Ordinance s159A permit treating the indictment as an expanded, extra-territorial conspiracy implicating the appellant's wholly Australian conduct.

  • 19 Nov 2008

    HKSAR v. MOK WAI SHUN

    Citation
    HKSAR v. MOK WAI SHUN
    Court
    Court of Appeal
    Case number
    CACC142/2007

    The Court upheld the conviction because, taken as a whole, the direct and circumstantial evidence (including the GPS device being removed while the applicant drove, his conduct in waiting and leaving with the lorry, and his presence during the attempted unlawful unloading) left no reasonable innocent explanation and supported the inference that he was party to the conspiracy.