28 Jun 2010
ANDREW LAM v. HKSAR
- Citation
- ANDREW LAM v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC5/2009
Convictions overturned where essential elements were not lawfully or inevitably proved: (1) Chui and Lam's convictions for conspiracy to pervert the course of justice were quashed because the prosecution failed to prove beyond reasonable doubt the specific intent and requisite knowledge/belief and key evidential inferences were unsafe; (2) Chui's attempted perjury conviction quashed because many falsehoods relied upon were proved only by a single witness contrary to s.43 and the remaining proved inaccuracy did not make conviction inevitable; (3) prosecutions under s.17 require knowledge that…
- Conspiracy to pervert the course of justice
- Attempted perjury
- Witness protection (s.17 wpo)
- Attempt offences (s.159g crimes ordinance)
- Materiality in perjury
- No case to answer