Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Witness protection (wpo s.17)
  • 12 Feb 2009

    SECRETARY FOR JUSTICE v. KANJANAPAS CHONG KWONG DEREK AND OTHERS

    Citation
    SECRETARY FOR JUSTICE v. KANJANAPAS CHONG KWONG DEREK AND OTHERS
    Court
    Court of Appeal
    Case number
    CAAR8/2006

    To establish a conspiracy to pervert the course of justice the prosecution must prove agreement to do acts which have a tendency to impair the administration of justice together with intent that such acts have that effect; knowledge that a particular act (eg a habeas corpus application) was a sham is evidential but not an essential element in all cases — intent can be inferred from the totality of conduct. Conversely, a legal practitioner who acts on instructions and genuinely believes the proceedings are bona fide should not be convicted for conduct undertaken in the course of professional d…

    • Conspiracy to pervert the course of justice
    • Perjury
    • Witness protection (wpo s.17)
    • Habeas corpus
    • Spoliation/destruction of evidence
    • Legal professional duty and conflicts