Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

More than merely preparatory

Legal area

Court

29 Mar 2010

HKSAR v. MORI YASUNARI

Citation

HKSAR v. MORI YASUNARI
Court

Court of First Instance
Case number

HCMA894/2009

Presentation of the purported banknote and conduct in persisting to have the bank accept it and open an account, after being informed of verification and account requirements, constituted an act more than merely preparatory and therefore an attempt to commit fraud; the magistrate's adverse credibility findings were properly upheld on appeal.
8 Nov 2002

HKSAR v. WONG KA PO

Citation

HKSAR v. WONG KA PO
Court

Court of Appeal
Case number

CACC109/2002

The court found that, on the rejected account of D1 and on the objective evidence (recce, return with gloves and tools, switching off the engine, drilling marks, and a spare registration plate), the defendants had embarked on the theft and the applicant's actions amounted to acts more than merely preparatory; there was no evidence of effective withdrawal, therefore the conviction was safe.