HKSAR V. CHAN KAM CHING (陳鑑清)

[2022] HKCFA 7 Court of Final Appeal 14 April 2022 • FACC10/2021 • 75 min read

21 cases cited (0 SG, 21 foreign) Cited by 1 case

Practice Areas

Crimes Ordinance Criminal Procedure Ordinance District Court Ordinance Immigration Ordinance Theft Ordinance

Judges (5)

Cheung Coram Fok Coram Lam Coram Lord Phillips of Worth Matravers Coram Ribeiro Coram

Counsel (8)

Chui & Lau Firm Department of Justice Firm David Perry Counsel Appellant Derek Lau Counsel Respondent Karry Lau Counsel Appellant Maggie Wong Counsel Appellant Maggie Yang Counsel Respondent Sabra Lo Counsel Respondent

Parties (2)

HKSAR Respondent Chan Kam Ching Appellant

Summary

Chan Kam Ching, a solicitor, appealed against his conviction for using a false instrument in connection with property dealings under the Small House Policy. The Court of Final Appeal held that on the true construction of the Crimes Ordinance, the solicitor's document was not 'false' as it told a lie about itself rather than its contents. The appeal was allowed and the convictions were quashed.

Statutes Cited

Crimes Ordinance (Cap 200)

Criminal Procedure Ordinance

s 83A

District Court Ordinance (Cap 336)

Immigration Ordinance (Cap 115)

s 42(2)(b)

Theft Ordinance (Cap 210)

s 16A

Cases Cited (21)

UK (10)

[1903] 1 Ch 728 [1972] 1 QB 416 [1972] 2 QB 236 [1973] 1 WLR 696 [1975] AC 819 [1982] QB 1053 [1984] AC 242 [1987] 1 WLR 1578 [1993] AC 593 [1997] AC 53

HK (11)

(2006) 9 HKCFAR 206 (2007) 10 HKCFAR 386 (2011) 14 HKCFAR 453 (2021) 24 HKCFAR 349 [2001] 1 HKLRD 866 [2001] 4 HKC 643 [2007] 4 HKC 397 [2009] 1 HKC 61 [2019] HKDC 611 [2021] HKCA 7 [2021] HKCFA 43

Cited By (1)

[2022] HKCFA 13

HKSAR V. CHAN KAM CHING

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2022] HKCFA 7)