Hong Kong Case Law: Decisions & Judgments

Topic

Procuring bank entry by deception

Legal area

Court

26 Jan 2006

HKSAR v. CHAN KAR LEUNG AND OTHERS

Citation

HKSAR v. CHAN KAR LEUNG AND OTHERS
Court

Court of Appeal
Case number

CACC287/2004

Leave to appeal against conviction was granted but appeals on conviction were dismissed: the judge did not err materially in directions about Shanghai Tongji, joint enterprise, duplicity or materiality given the evidential matrix; board-of-directors analogy was inappropriate but overall directions avoided risk of jurors subordinating honest views; sentencing was appropriate for D1 but reduced for D2 and D3 to reflect lesser culpability and delay.
6 Feb 2004

HKSAR v. WAN CHI PING

Citation

HKSAR v. WAN CHI PING
Court

Court of First Instance
Case number

HCMA1158/2003

Appellate court held the Magistrate's questioning was proper clarification, the evidence supported that the appellant procured bank entries under s18D, and there was no legal basis to reduce the sentence for delay; therefore convictions and sentences were upheld.
28 Oct 1997

HKSAR v. WONG MING HING

Citation

HKSAR v. WONG MING HING
Court

Court of Appeal
Case number

CACC654/1996

The conviction was quashed because the trial judge only found an intention to participate in a dubious transaction generally and failed to find or apply facts establishing the appellant's intention to participate in the specific offence of procuring the making of the bank record entry; that lack of linkage made the conviction unsafe.
2 Nov 1995

R. v. HUNG CHIU-FAI

Citation

R. v. HUNG CHIU-FAI
Court

Court of Appeal
Case number

CACC253/1995

The Court upheld the trial judge's adverse credibility findings and concluded that, on the evidence before the court, the jury of fact (trial judge) was entitled to find the applicant acted dishonestly with intent to permanently deprive, that the transactions were procured for the defendant's benefit, and that the absence of two witnesses did not render the trial unfair; therefore there was sufficient evidence to support the convictions and leave to appeal was refused.

Hong Kong Case Law

HKSAR v. CHAN KAR LEUNG AND OTHERS

HKSAR v. WAN CHI PING

HKSAR v. WONG MING HING

R. v. HUNG CHIU-FAI