5 Dec 2002
HKSAR v. WONG FUNG MING AND ANOTHER
- Citation
- HKSAR v. WONG FUNG MING AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC515/2001
The conviction was safe: in the context of a sham operation where interviews were a necessary part of the fraud and reception staff knew the secret access code and controlled victims' movements, the judge permissibly inferred participation in the conspiracy. However, prevalence under section 27(11) OSCO must be assessed at the time of sentencing; because statistical evidence showed the offence had substantially declined by sentencing, enhancement was inappropriate and the 25% uplift was removed, reducing each sentence from five to four years.