Chim Pui Chung v Hksar

Cited as:[1999] 1 HKLRD 836; (1999) 2 HKCFAR 166
Court:Court of Final Appeal (Hong Kong)
Judgement Number:FAMC1/1999
Judgment Date:01 Feb 1999
FAMC000001/1999 CHIM PUI CHUNG v. HKSAR

FAMC No. 1 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 1 OF 1999 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC No. 402 OF 1998)

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Between:

CHIM PUI CHUNG Applicant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

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Appeal Committee: Chief Justice Li, Mr Justice Litton PJ and Mr Justice Ching PJ

Date of Hearing: 1 February 1999

Date of Determination: 1 February 1999

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D E T E R M I N A T I O N

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Mr Justice Ching PJ :

1. The applicant was brought to trial before a jury on six counts. In one of them, count three, he was charged alone. The remainder consisted of conspiracy charges in which it was alleged that he had conspired with Chan Kai-fung, the second Defendant, and with other persons unknown. Chan Kai-fung was acquitted of all the charges brought against him. The applicant was acquitted upon the first five but was convicted on the sixth. He applied for leave to appeal to the Court of Appeal but this was refused. He then applied to the Court of Appeal to certify that there were two points of law of great and general importance involved but this the Court of Appeal also refused. He now applies to this Committee to certify only one of them and for leave to appeal upon it. He also asks for leave to appeal on the ground that a grave and substantial injustice has been done.

2. The sixth count reads, in part,

"Conspiracy to Forge, contrary to Common Law and section 71 of the Crimes Ordinance, Cap. 200.

Particulars of Offence

Chim Pui-chung and Chan Kai-fung, on divers days on and between the 1st day of July 1994 and the 25th day of August 1994, in Hong Kong, conspired together and with other persons unknown, to make false instruments, namely 'Instruments of Transfer' documents, purporting to evidence the Sale of Shares in Lucky Man Properties Limited, by the named transferors to Power Master Development Limited, with the intention that they or another should use them to induce another, namely officers of the Inland Revenue Department and Progressive Registration Limited, to accept them to do or not to do some act to the prejudice of himself or another ..."

The acts were then particularised. The...

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