58 lines
3.2 KiB
YAML
58 lines
3.2 KiB
YAML
plaintiff: []
|
||
defendant:
|
||
- HKSAR
|
||
- HO WAI CHING (何惠貞)
|
||
jurisdiction_code: HKCA
|
||
jurisdiction_name: Court of Appeal of the High Court of the Hong Kong Special Administrative Region
|
||
case_location:
|
||
- 香港特別行政區
|
||
- Hong Kong Special Administrative Region
|
||
case_reason: >-
|
||
The applicant sought leave to appeal against her conviction after trial by Deputy High Court Judge Andrew
|
||
Chan on 17 January 2012 of 14 counts of fraud, contrary to section 16A of the Theft Ordinance,
|
||
case_object:
|
||
- conviction
|
||
- sentences of imprisonment
|
||
judgment_result:
|
||
- charge: Sentence of Kenny Leung (liability issue)
|
||
result: Allowed. The court upheld the original sentence as entirely appropriate.
|
||
- charge: Sentence of Hui Po Keung (liability issue)
|
||
result: Disallowed. The court quashed 3 months of each of the sentences imposed in respect of Counts
|
||
4, 6 to 9 and substituted a total sentence of 6 years’ imprisonment for Hui Po Keung.
|
||
- charge: Sentence of the applicant (liability issue)
|
||
result: Allowed. The court upheld the original sentence as entirely appropriate.
|
||
judgment_summary: >-
|
||
The case involved an appeal against a conviction for fraud. The Court of Appeal reviewed evidence from
|
||
witnesses, particularly those improperly questioned by prosecution counsel. While some questions were
|
||
leading and improper, the court found no significant damage to the defense. The original sentences were
|
||
upheld. Key issues included the manner of questioning witnesses and the appropriateness of judicial
|
||
interventions.
|
||
involved_entities:
|
||
- entity_name: Hon Lunn JA
|
||
reason: Presiding judge in this case, responsible for fact-finding and adjudication.
|
||
- entity_name: Andrew Chan (as he was then)
|
||
reason: Deputy High Court Judge who presided over the trial of the applicant and her co-accuseds.
|
||
- entity_name: Mr Kenny Leung
|
||
reason: Co-accused with the applicant, mentioned in the context of their relationship to other individuals.
|
||
- entity_name: Hui Po Keung
|
||
reason: Co-accused with the applicant, mentioned in the context of their relationship to Mr Kenny Leung.
|
||
- entity_name: Leung Chi Keung (Kenny)
|
||
reason: Co-accused with the applicant, mentioned in the context of their relationship to other individuals.
|
||
- entity_name: Mr Joe Lai Yiu Cho
|
||
reason: Former employee of Cyberspeed and a witness whose evidence was criticized for being improperly
|
||
adduced by prosecution counsel.
|
||
- entity_name: Mr Danny Ho Kwai Yuen
|
||
reason: Brother of the applicant, former employee of Cyberspeed and a witness whose evidence was criticized
|
||
for being improperly adduced by prosecution counsel.
|
||
- entity_name: Ms Ann Ng Mee Lin
|
||
reason: Former employee of Cyberspeed and a witness whose evidence was criticized for being improperly
|
||
adduced by prosecution counsel.
|
||
- entity_name: Mr Marco Chan Yik Lung
|
||
reason: Former employee of Cyberspeed and a witness whose evidence was criticized for being improperly
|
||
adduced by prosecution counsel.
|
||
- entity_name: Cyberspeed Technology Company Limited (Cyberspeed)
|
||
reason: Company involved in the fraud allegations, mentioned as the entity on behalf of which applications
|
||
were made to banks.
|
||
- entity_name: Standard Chartered Bank (Hong Kong) Limited
|
||
reason: Bank that was allegedly defrauded by the applicant and her co-accuseds.
|