5 Dec 2002
HKSAR v. CHU KAM YIU AND OTHERS
- Citation
- HKSAR v. CHU KAM YIU AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACC3/2002
To convict for bookmaking the prosecution must prove not merely physical receipt of betting instructions but that the defendant accepted the bet as his own so as to have a stake (opposite position to the punter) and that the receipt was by way of trade or business (opportunity for gain or risk of loss upon acceptance); on the evidence here that essential acceptance and business element were not proved beyond reasonable doubt, so convictions could not stand.