30 Jan 2008
HKSAR v. CHU WAI SAN AND OTHERS
- Citation
- HKSAR v. CHU WAI SAN AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC311/2006
The Court quashed the 2nd defendant's convictions because the record of pre-trial interviews, properly read in context, did not establish the requisite degree of guilty knowledge (wilful blindness or specific intent) for accessorial liability founded on omission; however the Court upheld the 5th defendant's conviction and both principal defendants' sentences because the evidence showed the 5th defendant was the primary author of a planned scheme submitting false documentary credits that exposed the bank to substantial risk, and a 5-year starting point was appropriate given seriousness and mon…