104 lines
5.6 KiB
YAML
104 lines
5.6 KiB
YAML
plaintiff:
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- HKSAR
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defendant:
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- HO WAI CHING (何惠貞)
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case_reason: >
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Fraud involving invoice financing. The defendant, together with Hui Po Keung and Leung Chi Keung (Kenny),
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committed fraud on 14 banks by falsely representing that sales and purchases of goods mentioned in Ming Fai
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Production Company Limited invoices were genuine, inducing banks to make payments totaling over $153 million
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during January to July 2007.
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judgment_summary: >
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The Court of Appeal granted leave to appeal against conviction but dismissed the appeal. The applicant was
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convicted of 14 counts of fraud contrary to section 16A of the Theft Ordinance, Cap. 210. The court found
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that despite some inappropriate judicial interventions and prosecutorial conduct, these did not constitute
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material irregularities. The applicant's role as Financial Controller involved applying for banking facilities,
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signing facility letters and guarantees, knowing Ming Fai was not a genuine computer supplier. The appeal
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against sentence was partially allowed only for Count 4, reducing it from 3 years to 2 years imprisonment.
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Total sentence remained 7 years and 3 months imprisonment, with outstanding bank losses of $21.47 million.
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jurisdiction_code: >
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HKCA
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jurisdiction_name: >
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Court of Appeal of the High Court of the Hong Kong Special Administrative Region
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case_location:
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- High Court
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- Hong Kong
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case_object:
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- Invoice financing applications
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- Banking facility letters
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- False invoices from Ming Fai Production Company Limited
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- Corporate resolutions
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- Personal guarantees
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- Bank accounts
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- Computer purchase documentation
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judgment_result:
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- allegation_content: 14 counts of fraud by falsely representing genuine sales and purchases to obtain invoice financing from banks
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established: Y
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- allegation_content: Appeal against conviction on grounds of unfair trial due to improper prosecution conduct and judicial intervention
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established: N
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- allegation_content: Appeal against sentence on grounds of manifest excessiveness
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established: Partial (Count 4 sentence reduced from 3 years to 2 years)
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involved_entities:
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- name: HO WAI CHING (何惠貞)
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state_reasons: Defendant/Applicant, convicted as Financial Controller of Cyberspeed Technology Company Limited, participated in fraudulent scheme by applying for banking facilities and signing documents
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- name: Leung Chi Keung, Kenny
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state_reasons: Co-accused, husband of applicant, mastermind of fraudulent scheme, signed all 301 invoice financing applications
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- name: Hui Po Keung
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state_reasons: Co-accused, brother-in-law of applicant, shareholder and director of Ming Fai Production Company Limited, received 0.2% commission
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- name: Cyberspeed Technology Company Limited
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state_reasons: Company controlled by applicant and Kenny Leung, purported purchaser of computers, applied for invoice financing
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- name: Ming Fai Production Company Limited
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state_reasons: Decoration company controlled by Hui Po Keung, falsely represented as computer supplier, received bank payments
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- name: Sofmap Company Limited
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state_reasons: One of three companies controlled by applicant and Kenny Leung used to transfer funds from Ming Fai to Cyberspeed
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- name: Global Gain Properties Limited
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state_reasons: One of three companies controlled by applicant and Kenny Leung used to transfer funds from Ming Fai to Cyberspeed
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- name: Cyberspeed Services Limited
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state_reasons: One of three companies controlled by applicant and Kenny Leung used to transfer funds from Ming Fai to Cyberspeed
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- name: Standard Chartered Bank (Hong Kong) Limited
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state_reasons: One of 14 victim banks defrauded through false invoice financing applications (Count 1)
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- name: Industrial and Commercial Bank of China
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state_reasons: Victim bank in Count 9, advanced $25.7 million with loss of $6.4 million through 46 false applications
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- name: Citic Ka Wah Bank
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state_reasons: Victim bank in Count 3, advanced $17.5 million with loss of $6.8 million through 33 false applications, facility renewed by applicant in April 2007
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- name: DBS Bank
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state_reasons: One of victim banks, applicant had internet access to view invoice finance transactions since 2004
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- name: Bank of East Asia (BEA)
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state_reasons: One of victim banks, applicant had internet access to account since 2004
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- name: Bank of Communication
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state_reasons: One of victim banks defrauded through invoice financing scheme
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- name: Fubon Bank
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state_reasons: One of victim banks defrauded through invoice financing scheme
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- name: PT Bank
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state_reasons: One of victim banks defrauded through invoice financing scheme
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- name: Deputy High Court Judge Andrew Chan
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state_reasons: Trial judge in both trials, imposed sentences totaling 7 years and 3 months imprisonment
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- name: Hon Stock VP
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state_reasons: Vice President presiding over Court of Appeal
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- name: Hon Lunn JA
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state_reasons: Justice of Appeal who delivered the judgment of the Court
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- name: Barnes J
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state_reasons: Judge sitting in Court of Appeal
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- name: Mr Eric Kwok SC
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state_reasons: Senior Counsel representing the applicant in appeal
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- name: Mr David Leung, DDPP(Ag)
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state_reasons: Deputy Director of Public Prosecutions (Acting) representing the respondent
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- name: Mr Felix Tam, PP
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state_reasons: Public Prosecutor representing the respondent
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- name: Mr Joe Lai Yiu Cho
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state_reasons: Former employee of Cyberspeed, prosecution witness, sole proprietor of Super Dragon Technology
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- name: Mr Danny Ho Kwai Yuen
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state_reasons: Brother of applicant, warehouse supervisor of Cyberspeed, prosecution witness
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- name: Ms Ann Ng Mee Lin
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state_reasons: Former employee of Cyberspeed, prosecution witness
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- name: Mr Marco Chan Yik Lung
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state_reasons: Former employee of Cyberspeed, prosecution witness
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