16 Oct 1980
KWAN WAI KEI v. THE QUEEN
- Citation
- KWAN WAI KEI v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC768/1980
Applying the binding authority in CHENG Chung-wai, the court held that a mere admission to police that the appellant was a triad member, including a cautioned statement made under duress, did not demonstrate the necessary mens rea for the offence of professing membership; conviction on the B charge was therefore quashed and its sentence set aside. The sentence imposed on the A charge was upheld as neither wrong in principle nor excessive.