Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Private gain
  • 23 Jun 1993

    THE QUEEN v. LEUNG HING

    Citation
    THE QUEEN v. LEUNG HING
    Court
    Court of First Instance
    Case number
    HCMA209/1993

    Appellate court held magistrate erred in law and fact by failing to consider all circumstances objectively on whether the meeting was a social occasion, by disregarding evidence that admission monies matched the dinner cost and by accepting unreliable police evidence about money on the table; on balance of probabilities the appellant discharged his burden under s.3 and no private gain was established, so conviction under s.5(a) was quashed (operator issue unnecessary to decide).