The Queen v Chan Koon Kwok Arthur

CourtCourt of Appeal (Hong Kong)
Judgment Date29 Mar 1990
Judgement NumberCACC438/1989
SubjectCriminal Appeal
CACC000438/1989 THE QUEEN v. CHAN KOON KWOK ARTHUR

CACC000438/1989

IN THE COURT OF APPEAL 1989, No. 438
(Criminal)

BETWEEN

THE QUEEN

Respondent

AND

Chan Koon Kwok, Arthur

Appellant

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Coram: Hon Silke, V-P, Kempster and Power, JJA

Dates of Hearing: 28 - 29 March 1990

Date of Judgment: 29 March 1990

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JUDGMENT

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Kempster, JA (giving the judgment of the court) :

1. This is an application by Arthur Chan Koon Kwok for leave to appeal against his conviction in the District Court on 27 July 1989 on four charges of soliciting and nine of accepting an advantage as an agent contrary to s 9(1) (a) and (b) respectively of the Prevention of Bribery Ordinance (Cap 201).

2. Before turning to the merits of the application it may be helpful to outline the background to the charges. By two written agreements respectively dated 16 January and 1 February 1984 and made between a Californian corporation, Styl-land Incorporated, and SWA (HK) Ltd, incorporated in this territory, SWA agreed to act as exclusive buying agents for Styl-land in consideration of a commission of 9 1/2 per cent on the FOB value of merchandise shipped to Styl-land's order. Pursuant to that agreement SWA, which almost immediately changed its name to Innova Ltd, located suppliers of woven and knitted shirts and, on Styl-land's behalf, negotiated prices and arranged for manufacture, for export and for payment. At all material times until his resignation on 18 June 1987 the applicant was employed by Innova to discharge its responsibilities under the agreements save and except that he was not empowered personally to place orders. This fell to his superiors in Innova. On the materials put before him HH Judge Yeung found that the applicant had abused his position of trust by demanding and accepting personal "commissions" from those suppliers without the knowledge or consent of his employers.

3. Much of the evidence derived from witnesses who, by virtue of s 22 of the Ordinance, were not to be regarded as accomplices and had been granted immunity from prosecution conditional upon full and true testimony being given in court. On behalf of the applicant Mr Eddis mounted a sustained argument to the effect that no real attempt had been made to evaluate their credibility. He relied upon the judge's findings, in...

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