plaintiff:
  - HKSAR

defendant:
  - LUK KIN PETER JOSEPH (陸健)
  - YU OI KEE (余藹琪)

case_reason: |
  Applications for leave to appeal concerning interpretation of the Prevention of Bribery Ordinance, specifically regarding the definition of "agent" under s.9, the scope of "or other document" in s.9(3), and whether the common law principle treating sole director's mind as company's mind applies to statutory anti-corruption offences.

judgment_summary: |
  The Court of Final Appeal granted leave to appeal on three questions of law concerning the Prevention of Bribery Ordinance (Cap. 201). The questions address: (1) the meaning of "agent" under s.9 and whether it requires legal, contractual or fiduciary obligations; (2) whether "or other document" in s.9(3) should be construed ejusdem generis and whether board minutes qualify; (3) whether the common law principle from R v McDonnell that treats sole director's mind as the company's mind applies to conspiracy offences under the POBO. The appeals were scheduled for hearing on 23 November 2016.

jurisdiction_code: HKCFA

jurisdiction_name: Court of Final Appeal of the Hong Kong Special Administrative Region

case_location: Hong Kong Special Administrative Region

case_object:
  - Prevention of Bribery Ordinance (Cap. 201)
  - Board minutes
  - Documents under s.9(3) POBO

judgment_result:
  - charge: Application for leave to appeal from CACC No 283 of 2014
    result: Leave granted on three questions of law

involved_entities:
  - entity_name: HKSAR
    reason: Respondent in FAMC 68/2015 and 69/2015; Applicant in FAMC 15/2016
  - entity_name: LUK KIN PETER JOSEPH (陸健)
    reason: 1st Defendant, Applicant in FAMC 68/2015, Respondent in FAMC 15/2016
  - entity_name: YU OI KEE (余藹琪)
    reason: 2nd Defendant, Applicant in FAMC 69/2015, Respondent in FAMC 15/2016
  - entity_name: Chief Justice Ma
    reason: Member of Appeal Committee
  - entity_name: Mr Justice Ribeiro PJ
    reason: Member of Appeal Committee
  - entity_name: Mr Justice Tang PJ
    reason: Member of Appeal Committee
  - entity_name: V. Hau & Chow
    reason: Legal representatives for 1st Defendant
  - entity_name: Leung & Lau
    reason: Legal representatives for 2nd Defendant
  - entity_name: Department of Justice
    reason: Legal representatives for HKSAR