Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory defence under section 36(1)
  • 26 Aug 2004

    HKSAR v. LAM MEI LING AND ANOTHER

    Citation
    HKSAR v. LAM MEI LING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMA494/2004

    Magistrate correctly rejected the 1st appellant's reliance on the common law defence because mere lending a name, absence of inquiry and implicit trust in spouse did not constitute a good and sufficient reason and the appellant derived benefit from the business; conviction of the 1st appellant is upheld. Regarding the 2nd appellant, the magistrate erred in distinguishing transactions solely by production of copies at trial; the 2nd appellant's consistent evidence that he inspected and believed the certificates genuine applied to all transactions and thus his convictions (as entered by the mag…