5 Aug 1996
CHIU SIN WAI v. R.
- Citation
- CHIU SIN WAI v. R.
- Court
- Court of First Instance
- Case number
- HCMA505/1996
For a maker prosecuted under s.71 the prosecution need only prove the maker's specific intention that the false instrument be used for the proscribed purpose and that its use was within his contemplation; the additional 'double intention' required of a user under s.73 is unnecessary for s.71. Applying that rule, the appellant's conviction under s.71 was safely supported by the evidence. Conversely, conviction under s.90(1) requires the assisted person to have been an offender in the charged period; because the Immigration Department's successive extensions had retrospective effect, PW1 was no…