22 Jan 1979
The prosecution was required to adduce evidence of the total value of the accused's assets as at the charge date and to compare that figure with total official emoluments as at the same date; absent such evidence the conviction could not stand and must be quashed.
22 Dec 1977
The court quantified the accused's official emoluments and pecuniary resources as at the charge date, found the assets and receipts to be disproportionate to official emoluments, found the accused to be in control of the challenged assets (including shares and instalments on the flat) and, having examined the notebook, bank records and ABS analyses, concluded the accused failed to provide a satisfactory explanation on the balance of probabilities for unexplained receipts totalling HK$80,524.17; conviction under s.10(1)(b) followed.
20 Sept 1977
Transfers from defendant to his wife's account, a large reverse transfer and subsequent payments out of the wife's savings, together with defendant's regular payment of rates and several mortgage repayments and the close spousal relationship, constituted facts proved beyond reasonable doubt giving reason to believe the wife held the savings account and the Princess Terrace flat on defendant's behalf under s.10(2); aggregating those presumed assets against net official emoluments showed a disproportion which the defendant failed to explain on the balance of probabilities; conviction follows.