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Hksar v Yip Kim Po And Others

Judgment Cited authorities 8 Cited in Precedent Map Related
Vincent
Judgment Date16 September 2010
CourtDistrict Court (Hong Kong)
Judgement NumberDCCC960/2007
Subject MatterCriminal Case
DCCC960/2007 HKSAR v. YIP KIM PO AND OTHERS

DCCC960 of 2007 & 551/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NUMBER 960 OF 2007 & 551 OF 2008

____________

BETWEEN
HKSAR
v.
YIP KIM PO D1
YIP WAN FUNG
ALSO KNOWN AS YIP KIM FUNG		 D2
YIP WAI LUN D3
SIU KIN FUNG KEITH D4
LAU HOK MAN D5
TSUI PUI SZE D6
___________

Before: HH Judge Browne

Date of Hearing: 6 July 2009 to 9 June 2010

Date of Verdict: 16 September 2010

________________________

INDEX

________________________

Charges
Background
Oral Evidence
PW1 HUI Ho-Ming, Herbert
PW2 KWAN Man-wai, William
PW5 Richard Chan Wai-wong
PW64 Patrick Tong Ka Ming
PW6 Henry Wong Cheuk-him
PW8 Thisbe Tang Kam-Kwan
PW9 Agnes Lam Pui-Pui
PW70 Wong Li-Fong, Cindy
PW81 Chan Wing, Rica
PW7 Olivia Chan Chik-ching
PW11 Vincent Marshal
PW80 Chow Pui Kwan, Venise
PW37 Anthony Richard Boddington
PW78 PC2315 Lam Ka-Lok
PW38 Ho Wing Chip
PW24 Cheung Ming Ming
PW35 Chan Po Chun
PW27 Janet Tan
PW51 CHENG Siok-fui
PW35 Chan Po Chu
PW33 Po Wing Kwong
PW34 NG Wai-ping
PW67 Wong Chi-fai
PW69 Hui Kam Ming
PW86 LEUNG Lok-mei
PW89 Chu Yiu Kwong
PW99 KWOK Tze-yi
PW31 Tung Wai Sze
PW32 Chan Pui Yee, Jessica
PW94 Sham Wai Chun
PW21 AU Yeung Pu-Kiu, Ricky
PW20 Lee Kwok Keung
PW16 TANG Man Cheung
PW18 Cheung Siu Tai
PW30 Chan Fei Fei
PW59 So Man Pui
PW93 Cheung Yuen Ha
PW26 Lo Hang Fong
PW40 Chung Ngai Man
PW56 Silvio Mancini
PW90 Long Xi-Min
PW19 Kwok Au Tai
PW39 Lee Siaw Phing
PW28 Young Kwok Kwong
PW100 Lo Ka Wai, Jerry
PW66 Mo Kim Wing, Kelvin
PW68 Ma Tan Ni
PW102 Lau Chueng
PW29 Daniel Tam Ping Kuen
PW87 Brian OR Kwong Yiu
PW104 Chan Siu Fung
PW17 WU Jian Hua, aka Ng Kiu Wah
PW15 Li Yong Lun
PW22 Shen Yaoleong
PW23 Ma Weiwen
PW103 Gloria Kwok Lai Han
PW105 CHAN Man Ming
PW106 Adrian Kwick
PW101 Cynthia Lau
PW75 Lai Ka Siu, Victor
Video Records of Interview with D3
Records of Interview with D4
Case for the Defence
Case for D1
Case for D2, D3 and D5
Case for D4
Case for D5
Case for D6
Directions
The Law
Conspiracy
Conspiracy to Defraud
The Meaning of Defraud
Dealing with the proceeds of an indictable offence
False Statements by Company Directors, Etc
Accessing a computer with dishonest intent
Theft
Evaluation of the Evidence
Introduction
Hing Yip Holdings (Hong Kong) Limited
Ocean Grand Chemicals Holding Limited
The Nanfang Galvanised Aluminium Sheet (Hong Kong) Group
Introduction to charges 1-13
The OGD Contract – Ex 10 Core Bundle 2
Negotiations in respect of machinery supplied to OG Sanshui
Ex 12, CB 11, Contract Dated 1 July 2005 between OG Sanshui and Yong Chang Metal for four extrusion presses
Supply of Pumps for the Presses
Ex 8 CB 18 Contract dated 9th January 2006 between OG Sanshui and Kimbo for 2 sets of ITW Gema Electrostatic Powder Coating Equipment
Ex 9, CB 21, Contract dated 10 January 2006 between OG Sanshui and Langtech for a set of ITW Ransberg Electrostatic Vertical Painting Equipment
Payments made pursuant to the OGD Contract
Background of some of the companies involved
Greatson Corporation Limited
Payments to Greatson
Crown Regent
Strong Sense .........................
Pioneer Lane .........................
Disbursements of Funds by Crown Regent, Strong Sense and Pioneer Lane
The Office Planning Committee
Other Persons Connected with OGH
Chronology of Events in relation to Sanshui Project
The OGD Contract – 1st November 2005 Ex 10, CB 2
OG Sanshui – Yong Chang Mental Machinery Plant – Contract for 4 presses – EX 12, CB 11
Contract for and supply of pumps – Yong Chang/Rexroth Bosch
19 January 2006 Contract OG Sanshui/Kimbo for ITW Gema 2 sets of Vertical electrostatic powder coating equipment – RMD1.13m
USA ITW Ransburg – Agent Langtech
Price Comparisons
The Internal Monthly Management Meetings – IMMMS
Payment Approval Request Forms (PARS) and the Voucher Approval System
Evidence of PW40
The OGD/Greatson Conspiracy
Charge 1 –D1, D2, and D3
Evidence in relation to D1
Evidence in relation to D2
Evidence in relation to D3
Records of Interview
Greatson
Charges 2 and 3 – D1, D2 and D3
Charge 4 – D1
Charge 5 – D2 and D3
Charges 6-8 – D3
Charge 9 – Conspiracy to Deal in the Proceeds of an Indictable Offence – D3 and D4
Evidence in relation to individual defendants
D3
D4
Charges 10 and 11
Charges 13 – D5 – Dealing with property
Good Light and Strong Sense
Crown Regent
Payments into and out of the bank account of Good Light
D5 and D1
Determination
The Kenlap PGC contracts with Fong Long and Long Asset
Charges 14-18
Long Asset Limited
Fong Long (Overseas) Industrial Limited
Chronology of Events
Fund Flows
Long Asset
Fong Long
Excel File recovered from Computer of D3, CB38
Charge 14 D1 and D3
Evidence in relation to Individual Accused – D1, D3 and Zhu
D1
D3
Zhu Weibing
Charges 15 and 16
Charge 17 – D2 and D6 conspiracy to deal with proceeds of indictable offence
Evidence in relation to Each Defendant
D2
D6
Background
Corporate and banking documentation
Evidence of D6
Determination

_____________________________________________

REASONS FOR VERDICT

_____________________________________________

1. The defendants entered not guilty pleas to the following charges:

1st Charge (against D1, D2 & D3)

Statement of Offence

Conspiracy to defraud, contrary to Common Law and section 159C(6) of the Crimes Ordinance, Cap. 200.

Particulars of Offence

YIP Kim-po, YIP Wan-fung also known as YIP Kim-fung and YIP Wai-lun, between late July of 2005 and the 17th day of March 2006, in Hong Kong, conspired together and with ZHU Weibing to defraud OG Development Company Limited (“OGD”) and Hing Yip Holdings Limited (“Hing Yip”) by dishonestly: -

(i) causing and permitting OGD to enter into a contract with Greatson Corporation Limited (“Greatson”) whereby OGD agreed to buy machinery at a purchase price of approximately HK$ 153 million; and

(ii) causing and permitting payments to be made by OGD and Hing Yip to Greatson, purporting to be payments pursuant to such contract.

2nd Charge (against D1, D2 & D3)

Statement of Offence

Publishing a false statement, contrary to section 21 of the Theft Ordinance, Cap. 210.

Particulars of Offence

YIP Kim-po, YIP Wan-fung also known as YIP Kim-fung and YIP Wai-lun, on or about the 4th day of November 2005, in Hong Kong, being officers of a body corporate called Ocean Grand Holdings Limited (“the Company”), with intent to deceive the members or creditors of the body corporate about its affairs, published or concurred in publishing a written statement which to their knowledge was or may have been misleading, false or deceptive in a material particular, namely: -

(i) that OG Development Company Limited (“OGD”) had agreed to purchase from a company called Greatson Corporation Limited (“Greatson”) four sets of Cometal Aluminum Extrusion Press with Profile Handling System, and one set of ITW Vertical Powder and Electrostatic Coating line at a cost of approximately $153 million Hong Kong currency;

(ii) that Greatson was principally acting as an agent which specialized in trading machinery used in a variety of metal processing industries and was an independent third party not connected with the Company or any of its subsidiaries and its connected persons as defined in the listing rules of the Stock Exchange of Hong Kong Limited; and

(iii) that the consideration for such purchase had been agreed by the parties after arm’s length negotiation between OGD and Greatson.

3rd Charge (against D3 only)

(alternative to the 2nd Charge)

Statement of Offence

Conspiracy to publish a false statement, contrary to section 21 of the Theft Ordinance, Cap. 210 and sections 159A and 159C of the Crimes Ordinance, Cap. 200.

Particulars of Offence

YIP Wai-lun, between the 20th day of October 2005 and the 4th day of November 2005, in Hong Kong, conspired with YIP Kim-po, YIP Wan-fung also known as YIP Kim-fung and ZHU Weibing, officers of a body corporate called the Ocean Grand Holdings Limited, with intent to deceive the members or creditors of the body corporate about its affairs, to publish a written statement which to their knowledge was or may have been misleading, false or deceptive in a material particular, namely: -

(i) that OG Development Company Limited (“OGD”) had agreed to purchase from a company called Greatson Corporation Limited (“Greatson”) four sets of Cometal Aluminum Extrusion Press with Profile Handling System, and one set of ITW Vertical Powder and Electrostatic Coating line at a cost of approximately $153 million Hong Kong currency;

(ii) that Greatson was principally acting as an agent which specialized in trading machinery used in a variety of metal processing industries and was an independent third party not connected with the Company or any of its subsidiaries and its connected persons as defined in the listing rules of the Stock Exchange of Hong Kong Limited; and

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