Hong Kong Case Law: Decisions & Judgments

Topic

Theft by deception

Legal area

Court

9 May 2025

香港特別行政區訴高坤榮

Citation

[2025] HKCFI 3697
Court

Court of First Instance
Case number

HCMA430/2024

On retrial the court accepted the trial judge's credibility findings and independently reviewed all evidence including cautioned statements and recorded interviews, concluded those admissions were voluntary and corroborated by witness testimony and documentary evidence (cheques, bank transactions), and found the prosecution proved theft and deception offences beyond reasonable doubt; therefore the appeal is dismissed.
29 Oct 2001

CHIU YU MAN & OTHERS v. HKSAR

Citation

CHIU YU MAN & OTHERS v. HKSAR
Court

Court of Final Appeal
Case number

FACC2/2001

An irrevocable letter of credit falls within the second limb of the statutory definition of "valuable security" as a document authorising the payment of money, and the signing/issuance of such an irrevocable credit by a bank officer constitutes "execution" under s.22(3); therefore the letters involved were executed valuable securities and the convictions are upheld.
28 Sept 1999

HKSAR v. CHAN WAI HONG

Citation

HKSAR v. CHAN WAI HONG
Court

Court of Appeal
Case number

CACC253/1999

The conviction was quashed because the evidence was insufficient to meet the required standard of proof — the applicant's attendance was suspicious but did not provide admissible or compelling evidence to establish guilt beyond reasonable doubt, and no reasonable inference of guilt could be drawn from the proved facts.
26 Aug 1992

R. v. YIU LAI KUEN

Citation

R. v. YIU LAI KUEN
Court

Court of Appeal
Case number

CACC16/1992

Export quotas, including the Director of Trade's right to allocate them, constitute 'property' under the Theft Ordinance prior to allocation; the trial judge properly exercised discretion in allowing the Crown to call additional evidence after defence final address without causing prejudice; sufficient independent corroboration of the accomplice existed through cumulative documents, cautioned statements and foreign witnesses such that the convictions were safe; leave to appeal against conviction is refused.
31 Jul 1985

THE QUEEN v. HON CHUN-MING

Citation

THE QUEEN v. HON CHUN-MING
Court

Court of Appeal
Case number

CACC31/1985

Applicant's false report of loss to Bank of Tokyo procured duplicate letters of credit which he presented for payment and thereby obtained cash/credit instead of repaying Metropolitan Bank; that constituted a gain under s.8(2) and satisfied s.22(2); Metropolitan Bank had taken originals as pledge and the trial judge could find the deception dishonest under the Ghosh test, particularly as applicant did not give evidence to support any honest belief; conviction is safe.

Hong Kong Case Law

香港特別行政區 訴 高坤榮

CHIU YU MAN & OTHERS v. HKSAR

HKSAR v. CHAN WAI HONG

R. v. YIU LAI KUEN

THE QUEEN v. HON CHUN-MING

香港特別行政區訴高坤榮