20 Aug 2007
HKSAR v. MA ZHUJIANG AND ANOTHER
- Citation
- HKSAR v. MA ZHUJIANG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC491/2005
The Court held that under s.25(1) the phrase 'having reasonable grounds to believe' comprises objective grounds sufficient to lead a reasonable person to believe and a subjective element that those grounds were known to the defendant; it does not require proof that the defendant actually held the belief. Applying that construction, the evidence permitted the necessary inferences to uphold D1's convictions and D2's convictions on Charges 1 and 2. However, D2's acts in relation to Charge 4 were only preparatory and did not constitute an attempt, so that conviction was quashed and the related se…