Hksar v Cheung Wai

Cited as:[1998] 2 HKLRD 250
Court:Court of Final Appeal (Hong Kong)
Judgement Number:FAMC9/1998
Judgment Date:13 Jul 1998
FAMC000009/1998 HKSAR v. CHEUNG WAI

FAMC000009/1998

FAMC No. 9 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 9 OF 1998 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC 558 OF 1997)

____________________

Between :
CHEUNG WAI Applicant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

____________________

Appeal Committee : Mr Justice Litton PJ, Mr Justice Ching PJ and
Mr Justice Bokhary PJ

Date of Hearing : 13 July 1998

Date of Determination : 13 July 1998

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

____________________________

Mr Justice Litton PJ:

1. This is the determination of the Appeal Committee, on an application for leave to appeal pursuant to s32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap 484, on the ground that substantial and grave injustice has been done in the courts below.

2. The applicant was convicted in the District Court on one charge of attempting to procure an entry in a bank record by deception, contrary to s18D(1) of the Theft Ordinance, Cap 210. His application for leave to appeal against his conviction was dismissed by the Court of Appeal on 14 May 1998.

3. The facts leading to the applicant's conviction are briefly as follows: The applicant was, in October 1996, the sole proprietor of a firm called Flying Dragon (International) Plants and Machineries Co. The firm had a foreign currency account with the Chiyu Bank at its North Point Branch. On 9 October 1996 a large sum in pounds sterling, £406,225.28, was credited into that account. The instructions for the transfer of that sum from overseas was false and a stop was placed on the funds. When the Chiyu Bank was told of this on the morning of 10 October, the money was frozen in the Flying Dragon account. At about 4.30pm on the same day the applicant went to the bank and gave instructions to a bank teller to have the money transferred from that account to a Hong Kong dollar account in the firm's name. The applicant completed a transfer form by signing it and applying his firm's chop, but when the teller tried to process the transfer through the computer the transaction was rejected. The applicant eventually left the bank, taking with him the completed transfer form.

4. On 30 December 1996 the applicant was interviewed for the first time by the police concerning the transaction. He...

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