26 Aug 2004
HKSAR v. CHUNG YEE FONG, HELEN
- Citation
- HKSAR v. CHUNG YEE FONG, HELEN
- Court
- Court of Appeal
- Case number
- CACC33/2004
The court dismissed the application for leave to appeal because the trial judge’s factual findings that the applicant acted both subjectively and objectively dishonestly in fabricating and using the cancellation agreement to remove a registered blot on title and thereby induce KLY to pay were supported by the evidence; the bona fide claim of right defence was negatived by the judge, the operative mind(s) of KLY were shown to have been deceived (notably Raymond Chu and Paul Ho), and the failure to call one partner (Kao) did not undermine the prosecution case; accordingly the conviction stands…