Hong Kong Case Law: Decisions & Judgments

Topic

Intent to permanently deprive

Legal area

Court

17 Jan 2022

香港特別行政區訴王艷琪

Citation

[2022] HKCFI 23
Court

Court of First Instance
Case number

HCMA289/2020

The trial judge’s credibility findings—based on CCTV, the store security witness and inconsistencies in the appellant’s accounts—were upheld. The judge properly excluded reliance on the caution admission for the core dishonesty finding, instead concluding from the totality of the evidence that the appellant deliberately concealed goods and left without payment, proving dishonesty and intent to permanently deprive beyond reasonable doubt; there was no material legal error to overturn the conviction.
12 Apr 2005

HKSAR v. WONG CHI SHUEN PACKY

Citation

HKSAR v. WONG CHI SHUEN PACKY
Court

Court of First Instance
Case number

HCMA1047/2004

The magistrate's finding that the appellant was aware the items were unpaid and intended to permanently deprive the owner was supported by the observable conduct and admissions; his credibility assessment was a primary fact-finding function and there was no basis for the appellate court to overturn the conviction.
27 Oct 2004

HKSAR v. LEUNG SIU MEI

Citation

HKSAR v. LEUNG SIU MEI
Court

Court of First Instance
Case number

HCMA654/2004

Concealment of goods in a bag, departure from the supermarket area and the appellant's conduct admitted by the magistrate permitted an irresistible inference of dishonesty and intent to permanently deprive; omission to make an express finding on the accused's awareness of leaving the store did not undermine the overall evidential analysis and did not vitiate the conviction.
25 Nov 1999

HKSAR v. LEE WAI KWOK

Citation

HKSAR v. LEE WAI KWOK
Court

Court of First Instance
Case number

HCMA671/1999

The Court dismissed the appeal because ownership was established and, although the evidence was chiefly circumstantial, there was sufficient evidence together with the appellant's admission for the magistrate properly to find appropriation and the requisite intent to permanently deprive.
31 Mar 1999

HKSAR v. NG KAM WAH

Citation

HKSAR v. NG KAM WAH
Court

Court of First Instance
Case number

HCMA38/1999

The Magistrate's adverse credibility findings were supported by direct eyewitness testimony and the appellant's voluntary cautioned statement; the alleged omission about the doctor's evidence was negated by Exhibit D3; there was sufficient evidence to establish intention to permanently deprive, so there was no basis to disturb the conviction.
17 Mar 1999

HKSAR v. YEUNG CHUN FAI, ALAN

Citation

HKSAR v. YEUNG CHUN FAI, ALAN
Court

Court of Appeal
Case number

CACC268/1998

The Court held there was sufficient evidence to put the applicant to answer and to convict on 21 counts because the transfers into the applicant's accounts, withdrawals, the close relationship with the co-accused and the available inferences established joint enterprise and intention to permanently deprive; the trial judge did not err in principle and the total sentence of two years was not manifestly excessive.
6 Sept 1985

THE QUEEN v. KWOK YUEN SUM

Citation

THE QUEEN v. KWOK YUEN SUM
Court

Court of Appeal
Case number

CACC561/1984

The Court held the trial judge applied the correct legal test (consistent with R v Ghosh), that the applicant knowingly made false representations and, judged against the circumstances and his admissions, had no honest intention to repay; the whole course of conduct and late repayments supported the finding of dishonesty and intention to permanently deprive, therefore leave to appeal against conviction was properly dismissed.
24 Mar 1980

CHEUNG CHI-SANG v. THE QUEEN

Citation

CHEUNG CHI-SANG v. THE QUEEN
Court

Court of Appeal
Case number

CACC210/1980

The convictions were upheld because the trial magistrate could legitimately infer that the appellant knew the voucher was forged and that the deception, though practiced on bank officers, resulted in the dishonest appropriation of the victim's funds with an intent to permanently deprive; therefore convictions were safe though sentence was excessive and reduced.