Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Intent to gain
  • 11 May 1988

    THE QUEEN v. CHEN DAH SHING

    Citation
    THE QUEEN v. CHEN DAH SHING
    Court
    Court of Appeal
    Case number
    CACC286/1987

    Encashment or appropriation of a cheque given to a company discharges the drawer's obligation and thereby extinguishes the company's 'thing in action'; when a defendant dishonestly appropriates that cheque or the payment for his own purposes he appropriates the company's thing in action and is guilty of theft. Falsification of accounting records intended to conceal fraud and to preserve employment satisfies the statutory 'gain' requirement under s19 and s8(2). Convictions are unsafe where material findings are unsupported by the evidence, warranting quashing (charges 1 and 2).