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Hong Kong Case Law

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Criminal law HKSAR v. NNEKWE, PETER CHUKWUDI

HKSAR v. NNEKWE, PETER CHUKWUDI

The High Court dismissed a magistracy appeal, upholding convictions for conspiracy to defraud and obtaining a pecuniary advantage by deception arising from identity misuse.

  • Conspiracy to defraud
  • Obtaining pecuniary advantage by deception
  • Identity fraud
  • Construction workers registration
  • Circumstantial evidence and drawing inferences
  • Standard of proof beyond reasonable doubt
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Criminal law HKSAR v. CHAN KING WAN

HKSAR v. CHAN KING WAN

The High Court dismissed the conviction appeal in a magistracy appeal over a false instrument and deception charge, but allowed the sentence appeal and substituted 200 hours of community service.

  • Use of false instrument
  • Obtaining pecuniary advantage by deception
  • Credibility assessment
  • Community service orders
  • Sentencing principles
  • False-instrument
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Criminal law HKSAR v. ANG SU WEN, PAULINE

HKSAR v. ANG SU WEN, PAULINE

The Court of Appeal held that university records were admissible under s.17A of the Evidence Ordinance and dismissed the leave application to appeal conviction.

  • Obtaining pecuniary advantage by deception
  • Admissibility of records
  • Hearsay and statutory proof of non‑happening
  • Section 17a evidence ordinance
  • Criminal-law
  • Evidence-law
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Criminal law HKSAR v. LI, XIUZHEN

HKSAR v. LI, XIUZHEN

Appeal against a 15-month sentence for obtaining a pecuniary advantage by deception was allowed because the appellant’s family circumstances amounted to exceptional humanitarian grounds.

  • Obtaining pecuniary advantage by deception
  • Sentencing guidelines
  • Humanitarian grounds for mitigation
  • Sentencing-appeals
  • Deception
  • Humanitarian-mitigation
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Criminal law HKSAR v. WONG SIU LUNG

HKSAR v. WONG SIU LUNG

The Court of Appeal dismissed an application to treat a prior abandonment of an appeal as a nullity, holding that ignorance of law and lack of advice did not invalidate it.

  • Abandonment of appeal
  • Nullity
  • Sentence
  • Theft
  • Obtaining pecuniary advantage by deception
  • Abandonment-of-appeal
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Criminal law HKSAR v. YIP SAI MING

HKSAR v. YIP SAI MING

The Court of Appeal dismissed an application for a section 32(2) certificate, finding no point of law of great and general importance. Earlier convictions on 1–10 charges were quashed by concession.

  • Obtaining pecuniary advantage by deception
  • Theft ordinance s18(1)
  • Criminal procedure ordinance s83(1) proviso
  • Court of final appeal ordinance s32(2) certificate for leave
  • Application for certificate after appeal
  • Criminal-appeal
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Criminal law HKSAR v. YIP SAI MING

HKSAR v. YIP SAI MING

Court of Appeal held that the applicant’s omission to report relevant changes under the HFA scheme could support deception. Convictions 1–10 were quashed, 11–19 upheld.

  • Obtaining pecuniary advantage by deception
  • Omission as deception
  • Civil service regulations and reporting obligations
  • Application of proviso
  • Obtaining-pecuniary-advantage-by-deception
  • Omission-as-deception
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Criminal law HKSAR v. CHONG WAI MOON JOE

HKSAR v. CHONG WAI MOON JOE

The Court of First Instance dismissed an appeal against a conviction for obtaining a pecuniary advantage by deception, upholding the magistrate’s credibility findings.

  • Obtaining pecuniary advantage by deception
  • Witness unavailability and privilege against self‑incrimination
  • Credibility and weight of evidence
  • Magistrate's findings on credibility
  • Criminal-appeal
  • Obtaining-pecuniary-advantage-by-deception
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Criminal law HKSAR v. AU YUEN WAH GLORIA

HKSAR v. AU YUEN WAH GLORIA

Leave to appeal against conviction was refused. The court upheld findings that the applicant was Li Pui Ling and that her claimed amnesia was not made out.

  • Obtaining pecuniary advantage by deception
  • Identity/fingerprint evidence
  • Admissibility and weight of expert psychiatric/psychological evidence
  • Dissociative amnesia as defence
  • Burden of proof and evidential burden
  • Rehabilitation of offenders and disclosure requirements
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Criminal law HKSAR v. KONG PAK WAH

HKSAR v. KONG PAK WAH

The High Court dismissed a magistracy appeal against conviction for obtaining a pecuniary advantage by deception, finding no bias in bail revocation and no error in credibility assessment.

  • Obtaining pecuniary advantage by deception
  • Appeal from magistrate
  • Credibility assessment
  • Revocation of bail
  • Judicial bias
  • Criminal-appeal
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.