23 Dec 2010
HKSAR v. FU KOR KUEN, PATRICK AND ANOTHER
- Citation
- HKSAR v. FU KOR KUEN, PATRICK AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC179/2010
The Court upheld the judge's primary findings that the applicants' repeated circular trading at the same prices produced a false or misleading appearance of active trading; the Woollin virtual‑certainty test for intention was correctly applied and, alternatively, the applicants were reckless; the deeming provision and statutory defence did not negate conviction; convictions were affirmed but original sentences were excessive and reduced to the substituted total sentences ordered by the Court of Appeal.