Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Omission as deception
  • 31 Mar 2006

    HKSAR v. YIP SAI MING

    Citation
    HKSAR v. YIP SAI MING
    Court
    Court of Appeal
    Case number
    CACC6/2005

    The court held that the judge correctly treated whether the applicant intended to deceive as a question of fact separate from mere regulatory breach; the applicant had read the HFA approval memorandum and was aware of reporting obligations, the trial judge's finding of dishonesty was open on the evidence, convictions on charges 1–10 were quashed on respondent's concession but convictions 11–19 were upheld under the proviso because the applicant knowingly continued to receive HFA after loss of possession and intentionally omitted to inform the Director, establishing deception.