Hong Kong Case Law: Decisions & Judgments

Topic

Theft of a chose in action

Legal area

Court

20 May 2024

HKSAR v. CHANG YAU HUNG, ALEXANDER

Citation

[2024] HKCA 480
Court

Court of Appeal
Case number

CACC98/2022

The Court held the starting point of 10 years' imprisonment (the statutory maximum) was appropriate for a solicitor who, in breach of trust, caused the complete loss of US$10 million to the victim with no restitution prospect; Ngo Van Nam's revised guilty plea discount practice applied to the appellant at sentencing; the judge was entitled to reject the appellant's mitigation as implausible without prior notice to defence; the assistance already afforded merited a greater discount than given by the judge (increased from 3 to 6 months); adjusting only for that, the sentence was reduced from 7…
27 Jun 2006

HKSAR v. LIM JACKSON LUNG HIN AND ANOTHER

Citation

HKSAR v. LIM JACKSON LUNG HIN AND ANOTHER
Court

Court of Appeal
Case number

CACC38/2006

The cheque drawn by Monita completed an assignment of the Dao Heng debt; by delivery in the circumstances induced by the applicants the debt was assigned to PQL to hold as agent for Dynamic, and PQL (being the applicants' alter ego) appropriated the debt by failing to account and treating the benefit as its own; accordingly the conviction for theft of the chose in action as charged was lawful and the leave application failed.
18 Mar 2005

HKSAR v. YIP LAP CHAU

Citation

HKSAR v. YIP LAP CHAU
Court

Court of First Instance
Case number

HCMA688/2004

The magistrate was entitled to accept the credible evidence of payment of only HK$10,000 to the village representative, to reject the appellant's inconsistent account of other payments, and to infer that the appellant dishonestly appropriated the unpaid HK$5,000 on the first charge and the corresponding sums on the other charge; accordingly the convictions were upheld.

Hong Kong Case Law

HKSAR v. CHANG YAU HUNG, ALEXANDER

HKSAR v. LIM JACKSON LUNG HIN AND ANOTHER

HKSAR v. YIP LAP CHAU