12 Feb 2009
SECRETARY FOR JUSTICE v. KANJANAPAS CHONG KWONG DEREK AND OTHERS
- Citation
- SECRETARY FOR JUSTICE v. KANJANAPAS CHONG KWONG DEREK AND OTHERS
- Court
- Court of Appeal
- Case number
- CAAR8/2006
To establish a conspiracy to pervert the course of justice the prosecution must prove agreement to do acts which have a tendency to impair the administration of justice together with intent that such acts have that effect; knowledge that a particular act (eg a habeas corpus application) was a sham is evidential but not an essential element in all cases — intent can be inferred from the totality of conduct. Conversely, a legal practitioner who acts on instructions and genuinely believes the proceedings are bona fide should not be convicted for conduct undertaken in the course of professional d…