Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sufficiency of facts

  • 25 Jul 2003

    HKSAR v. TANG OI CHUN

    Citation
    HKSAR v. TANG OI CHUN
    Court
    Court of First Instance
    Case number
    HCMA421/2003

    The facts admitted by the appellant did not establish the elements of conspiracy to defraud because concealment of an existing assignment was not a false statement in the absence of a special relationship and the conduct was not shown to be dishonest under the Ghosh test; therefore the convictions were unsustainable.

  • 22 Jan 1999

    HKSAR v. LO KA WAI AND ANOTHER

    Citation
    HKSAR v. LO KA WAI AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMA235/1998

    The convictions were safe because the appellants expressly admitted facts sufficient to establish membership of the unlawful society and attendance in furtherance of its purposes, so the hearsay suggestion about an assault in Room 23 was unnecessary; however the magistrate misapplied sentencing limits for first offenders under s.20(1)(a) and the appropriate term after discount is eight months, to be served consecutively to earlier unrelated sentences.