What is an agent under the Prevention of Bribery Ordinance?

What is an agent under the Prevention of Bribery Ordinance? HKSAR v CHU ANG (趙鶯)[2020] HKCFA 18 (ON APPEAL FROM HCMA NO. 119 OF 2018) Before: Chief Justice Ma, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Chan NPJ and Mr Justice Stock NPJ 1 June 2020 Procedural History Ms. Chu (the Respondent…

Morley Chow Seto Criminal Litigation Practice Prize 2020

Morley Chow Seto Criminal Litigation Practice Prize 2020 Congratulations to Ms OR Hoi Yan, the winner of the City University Morley Chow Seto Criminal Litigation Prize 2020. Ms Or wins the prize for achieving the highest mark in Criminal Litigation Practice on the PCLL course at City University. We wish Ms Or every success in…

To try or not to retry?

To try or not to retry? HKSAR v ZHOU Limei  [2020] HKCFA 15 Court of Final Appeal Final Appeal No. 7 of 2019 (Criminal) Coram: Chief Justice Ma, Mr. Justice Ribeiro PJ, Mr. Justice Fok PJ, Mr. Justice Cheung PJ and Mr. Justice Stock NPJ 27 April 2020 Facts and Procedural History On 15th November…

Interpretation at Trial (2)

Interpretation at Trial (2) HKSAR v GUTIERREZ ALVAREZ Keishu Mercedes [2020] HKCA 184, [2020] HKEC 440 Court of Appeal Criminal Appeal Number 320 of 2016 Poon CJHC, Lam VP and Macrae VP 25 March 2020 In August 2019 we reported on the case of HKSAR v Moala Alipate 2019 [HKCA] 537 (http://www.mcs.com.hk/uncategorized/interpretation-at-trial-2/) where the Court…

Puttage

Puttage HKSAR v CHAN Hing Kai (陳慶佳) CACC 65/2017 [2019] HKCA 172 COURT OF APPEAL Coram: Hon Poon CJHC, McWalters and Zervos JJA in Court 24 January 2020 Background The Applicant was convicted of drug-trafficking at the High Court and appealed his conviction on the basis that the Judge had misdirected the jury by inviting…

Doyle’s and Benchmark Litigation recommend Morley Chow Seto

Doyle’s and Benchmark Litigation recommend Morley Chow Seto Morley Chow Seto has been confirmed as a Tier 1 firm in Criminal Law in the 2020 listing of Hong Kong Criminal Lawyers by Doyle’s Guide. Anita Chow and Christopher Morley are ranked Preeminent Lawyers in Criminal Law and Eric Seto and Eric Tang achieve the rank…

SFC and Digital Devices

Digital Devices and SFC Search Warrants Cheung Ka Ho Cyril and others v Securities and Futures Commission [2020] HKCFI 270 Government law enforcement agencies have long seized mobile phones and computers (with and without warrants) where they could contain material relevant to their investigation. The seizure of such items is common, for example, in upskirting…

Bail and CCTV

Bail and CCTV HKSAR v Kwan Ka Yiu [2020] HKCFI 378 Court of First Instance HCCP 105/2020 Coram: Madam Justice D’Almada Remedios 2 March 2020 The Applicant in bail proceedings in the High Court (having been refused bail in the Magistracy) offered as a condition of bail to install up to three CCTV cameras at…

Dangerous and Careless Driving

Dangerous and Careless Driving HKSAR v Ng Siu Bun [2019] HKCA 1457 Court of Appeal Criminal Appeal No. 123 of 2019 Macrae VP, Zervos JA and Li J 24th December 2019 The Applicant was charged with causing death by dangerous driving. He pleaded not guilty to the offence in the District Court but admitted the…

HKSAR-v-Lai Kam Fat [2019] HKCFA 36

HKSAR-v-Lai Kam Fat [2019] HKCFA 36 Court of Final Appeal Ma CJ, Fok PJ, Ribeiro PJ, Cheung PJ, Reed NPJ 18 October 2019 Conspiracy and knowledge of specific drug Hong Kong Customs and Excise officers carried out a controlled delivery operation of parcels arriving from overseas and arrested a man. The appellant was arrested nearby.…

HKSAR -v- APELETE Kokou Afla [2019] HKCA 1189

HKSAR -v- APELETE Kokou Afla HKSAR -v- APELETE Kokou Afla (古晉希) [2019] HKCA 1189 Court of Appeal Criminal Appeal No 176 of 2017 (ON APPEAL FROM HCCC NO 74 OF 2016) Before: Hon Macrae VP, McWalters JA and Zervos JA in Court A barrister and a firm of solicitors were initially retained on a private…

Solicitor Acquitted

Solicitor Acquitted HKSAR v Bowers Kevin Richard [2019] HKDC 1225 CRIMINAL CASE NO. 898 OF 2018 On 30 September 2019, the District Court acquitted Hong Kong solicitor Kevin Bowers (“Bowers“) of two charges of doing an act tending and intended to pervert the course of public justice in HKSAR v Bowers Kevin Richard [2019] HKDC…

Recommendations and Recognitions

Recommendations and Recognitions This year we have been recognized in a number of publications including the Legal 500, Who’s Who Legal and Doyle’s. More recently our lawyers are recognized in the publications below. Benchmark Litigation 2019 Morley Chow Seto is recommended for White Collar Crime in Benchmark Asia-Pacific 2019. Benchmark Litigation was first published in…

10km Professional Institutions Cup 2019

Distance Running Team Wins 1st Place at 10km Professional Institutions Cup 2019 On 15 September 2019, two teams of the Law Society competed in the 10 km races of the Professional Institutions Cup at Science Park, Tolo Harbour. Our partner, Mr. Eric Tang, participated in this event with three other legal professionals: Mr. Bernard Murphy,…

Interpretation at Trial

Interpretation at Trial Criminal Law and Procedure HKSAR v Moala Alipate [2019] HKCA 537 Court of Appeal Criminal Appeal No 135 of 2017 Before: Hon McWalters JA, Poon JA and Zervos JA Date of Judgment: 26 February 2019 Criminal law – trial – fair trial – right to interpretation assistance On arrival at Hong Kong…

Morley Chow Seto Criminal Litigation Practice Prize 2019

Morley Chow Seto Criminal Litigation Practice Prize 2019 Congratulations to TANG Arnold Yu Hin, the winner of the City University Morley Chow Seto Criminal Litigation Prize 2019. Arnold wins the prize for achieving the highest mark in Criminal Litigation Practice on the PCLL course at City University. We wish Arnold every success in his future…

The Macallan ALB Hong Kong Law Awards 2019

MCS nominated in the Macallan ALB Hong Kong Law Awards 2019 We are pleased that Morley Chow Seto has been named as a Finalist in two categories in the 18th Annual Macallan Asian Legal Business Hong Kong Law Awards 2019: (1) Criminal Litigation Law Firm of the Year (2) Dispute Resolution Boutique Law Firm of…

Doyle’s 2019 Guide to Criminal Law Firms

Doyle’s 2019 Guide to Criminal Law Firms Morley Chow Seto is pleased to be recognized by Doyle’s 2019 Guide to Criminal Law Firms in Hong Kong as a Tier 1 firm in Criminal Defence. Additionally, all of our partners are recommended as leading lawyers in the Crime and White Collar Crime, Corporate Crime and Regulatory…

Upskirting – Where is the Law to Cover the Offence?

Upskirting – Where is the Law to Cover the Offence? The Digital Age and the Rise of Upskirting In 1999, when Kyocera marketing executive, Hajimi Kimura introduced the world’s first mobile videophone – The VisualPhone VP-210, he said: “Users can use this phone not only to talk visually to their counterparts, but also they will…

Equivocal Pleas

Equivocal Pleas HKSAR v Chan Chi Ho Lincoln [2018] HKCFA 64 Court of Final Appeal FACC No. 18 of 2018 Ma CJ, Ribiero PJ, Fok PJ, Cheung PJ, Phillips NPJ 21 December 2018 The Appellant was driving a private car when his offside front wheel pressed against the left foot of a pedestrian who was…

In the Long Run

In the Long Run Eric Tang, partner at Morley Chow Seto is a passionate ultra-distance runner who loves to combine his races with travel. There was no grand opening to my running life. It was the result of both a mistake and a little coercion. I was forced into my first cross country race by…

Sentencing practice in drug trafficking

Sentencing practice in drug trafficking An opportunity to review the current sentencing practice in drug trafficking cases presented itself to the Court of Appeal (Hon Lunn VP, Macrae VP and McWalters JA) in HKSAR v Kilima Abubakar Abbas [2018] HKCA 602. Sentencing practice in drug trafficking is largely based on tariff cases where the principle…

Weapons

Weapons[video src="http://www.mcs.com.hk/wp-content/uploads/2018/11/RTHK-ETT.mp4" /] Our partner Eric Tang was invited to speak on a TV programme (日常8點半) hosted by RTHK on 1st November 2018 in which he discussed legal issues relating to firearms and other offensive weapons. The topic is of current public interest because of recent news items trending in Hong Kong concerning members of…

Morley Chow Seto Criminal Litigation Practice Prize 2017/2018

Morley Chow Seto Criminal Litigation Practice Prize 2017/2018 Congratulations to Mr. Chan Yan Ming who has won the Morley Chow Seto Criminal Litigation Prize 2017/2018 at City University for the highest mark in ‘Criminal Litigation Practice’. We wish Yan Ming, a student in the Postgraduate Certificate in Laws (PCLL) course every success in his future…

The Financial Reporting Review Panel

The Financial Reporting Review Panel (FRRP) We are pleased to announce that our partner Mr. Christopher Morley has been appointed as a member of the Financial Reporting Review Panel ("FRRP") which is a part of the Financial Reporting Council. The appointment is made by the Financial Secretary under the delegated authority of the Chief Executive.…

The North Face 100 Trail Running Race 2018

The North Face 100 Trail Running Race 2018 Congratulations to our partner Eric Tang for completing The North Face 100 ("TNF100") held in Korea in 2018. TNF100 is one of the most well-received and anticipated distance trail running series of eight Asia Pacific countries: Thailand, China, Korea, Hong Kong and Japan. Eric achieved a remarkable result…

Friends and Relatives in Prison (Part 2)

Friends and Relatives in Prison (Part 2) HKSAR v Wan Thomas (FACC Nos. 6 and 7 of 2017) In our previous article published in November 2016,  Friends and Relatives in Prison, we reported the Court of Appeal decision in HKSAR-v-Thomas Wan & Ors (HCMA700/2103). That decision was overturned by the Court of Final Appeal on 14th May…

Indecent Assault: Age, Consent and Genuine Belief (Part 2)

Indecent Assault: Age, Consent and Genuine Belief (Part 2) HKSAR v CHOI WAI LUN (蔡偉麟) FACC No.11 of 2017 Court of Final Appeal Ma CJ, Ribeiro, Tang and Fok PJs, Collins NPJ 9 May 2018 Introduction and Case Brief In November 2017 we reported on this referral to the CFA to determine the question of…

London Marathon 2018

London Marathon 2018 Congratulations to MCS partners Eric Tang and Christopher Morley and also to Leisher Fu for completing the London Marathon on 22nd April 2018 and raising funds for VICTA and the Terrence Higgins Trust. Pictured here at the finish in St. James's Park in sweltering heat with support from Anita Chow and Bao!

Appeals

HKSAR v. Wiwik Lestari AND HKSAR v. Tse Hin Yeung [2018] HKCA 196 Court of Appeal Criminal Appeal No. 185 of 2017 Hon Lunn VP, Macrae and Pang JJA 29th March 2018 Appeal grounds – appeal procedure In Wiwik Lestari, Counsel for the Applicant had advanced 10 grounds of appeal. The Court had not found it…

Knowledge and Suspicion

HKSAR v. Wiwik Lestari [2018] HKCA 166 Court of Appeal Criminal Appeal No. 227 of 2016 Hon Lunn VP, Macrae and Pang JJA 27 March 2018 Dangerous drugs – trafficking - knowledge The Applicant was convicted after trial of trafficking in 572 grammes of cocaine. The issue at trial was the Applicant’s knowledge that she…

Dangerous Drugs Sentencing

HKSAR v. Wan Wai Lun [2018] HKEC 64 Court of Appeal Criminal Appeal No. 90 of 2017 Macrae and Pang JJA 16 January 2018 Criminal Sentencing - Dangerous Drugs – previous convictions - very different offences calling for very different levels of punishment and/or types of sentence D was convicted, on his own plea, of…

When does a person use a vehicle?

HKSAR v. Cheung Wai Kwong (張惠光) [2017] HKEC 2771 Court of Final Appeal Criminal Appeal No. 4 of 2017 Hon Ma CJ, Hon Ribeiro, Tang and Fok PJJ and Hon William Gummow NPJ 22 December 2017 Meanings of "drive" and "use" an unlicensed vehicle - Road Traffic Ordinance The Defendant was charged with the offence…

Firms to Watch 2018

Firms to Watch 2018 We are pleased to announce that MCS has been selected by Asian Legal Business in their “Firms to Watch 2018” list. Below is an excerpt of the article. For more information, please navigate to ALB website.

November News

November News 1.We welcome Rachel Wong to Morley Chow Seto. Rachel, a graduate of Chinese University of Hong Kong, joins the firm having qualified in 2016. Rachel has already attained a good deal of criminal experience in her previous firm and brings additional strength to the MCS team. Read more about Rachel here: Rachel Wong…

Indecent Assault: Age, Consent and Genuine Belief

Indecent Assault: Age, Consent and Genuine Belief HKSAR v Choi Wai Lun, HCMA 620/2016 involved an under-aged girl ("PW1") offering sex services with a fee schedule through an adult website. PW1 falsely represented that she was aged 17. The applicant claimed that he believed so. On the day they met, the applicant said he did…

Admissibility of Expert Evidence

HKSAR v McCall, Howard Kenneth and another HCCC 446/2016 In HKSAR v McCall, Howard Kenneth and another (HCCC 446/2016 - 27 October 2017) Deputy High Court Judge Andrew Bruce SC ruled that the opinion evidence of a specialist psychiatrist on consumption rates of certain drugs, as sought to be adduced by the prosecution, was inadmissible. …

Hearsay and Admissibility

HKSAR v Yau Chung Man [2017] HKEC 1826 Customs Officers intercepted a parcel arriving in Hong Kong finding that it contained 1.07 kg of cocaine. A name, address and telephone number was written on paper affixed to the parcel. A Customs Officer telephoned the number on the paper posing as a staff member of the…

HKSAR -v- Tam Ho Nam : Murder, Provocation and Re-Trial

HKSAR -v- Tam Ho Nam FACC No.3 of 2017 Court of Final Appeal Chief Justice Ma, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Bokhary NPJ and Lord Neuberger of Abbotsbury NPJ. The prosecution conceded the appeal to the Court of Final Appeal on the ground that there had been a misdirection by…

HKSAR v Nguyen Anh Nga: When Specific Directions Are Necessary

When Specific Directions Are Necessary In HKSAR v Nguyen Anh Nga, FACC 17 of 2016 (on appeal from CACC 424 of 2012), the Court of Final Appeal addressed directions that must be given by a Judge in relation to inferences, holding that specific directions on circumstantial evidence are necessary where competing inferences can be drawn…

Morley Chow Seto Criminal Litigation Practice Prize 2016/2017

Morley Chow Seto Criminal Litigation Practice Prize 2016/2017 Congratulations to Cheng Hei Lam Phoebe who has won the Morley Chow Seto Criminal Litigation Prize 2016/2017 at City University for the highest mark in 'Criminal Litigation Practice'. We wish Phoebe every success in her future career.

Drink-Driving and Third Party Insurance

Drink-Driving and Third Party Insurance In HKSAR v Law Wing Fai (HCMA 476 of 2016) and HKSAR v Gilbert Henry Collins (HCMA 21 of 2017), the Court of Appeal answered the following question: whether a driver who drink-drives, and has a valid third party risks insurance policy which includes a clause to the effect that…

2017 Criminal Law Conference

2017 Criminal Law Conference Christopher Morley, was invited to speak at the 2017 Criminal Law Conference co-hosted by the Department of Justice, the Law Society of Hong Kong and the Bar Association of Hong Kong. Speaking on vulnerable witnesses, Christopher spoke on legislative changes in England and Wales as well as developments on the approach…

Expert Guides 2017

“Best of the Best” in White Collar Crime for Hong Kong in Expert Guides 2017 Christopher Morley has been named in the “Best of the Best” in White Collar Crime for Hong Kong in Expert Guides 2017, the international legal market’s leading guide to the top legal practitioners. The research process involves sending over 4,000…

Data Protection: Lessons in Direct Marketing

Data Protection: Lessons in Direct MarketingHKSAR v Hong Kong Broadband Network Limited (HCMA 624/2015) On 26 January 2017, the Court of First Instance handed down a judgment on s.35G of Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”) in HKSAR v Hong Kong Broadband Network Limited, HCMA 624/2015. The case involves a telecommunications service provider (the…

Equivocal Admissions

Equivocal AdmissionsHKSAR v Zhou Limei FACC 10/2016 (on appeal from CACC 81/2014) Court of Final Appeal Ribeiro, Tang and Fok PJs, Chan and Millett NPJs 16 February 2017 Admissions – equivocal or ambiguous statements Read full judgment HERE The Appellant was directed to go through a customs inspection when she arrived at Hong Kong International…

Criminal Law Mooting Competition 2017

Criminal Law Mooting Competition 2017 Sponsored by MCS Morley Chow Seto is this year’s title sponsor for the University of Hong Kong Faculty of Law Mooting Competition. 28 teams of students are competing for the trophy which will be awarded after the Finals held at the High Court on 18th March 2017. The contest for…

When Should a Justice of Appeal sit as a Justice of Appeal ? (Update)

When Should a Justice of Appeal sit as a Justice of Appeal? (Update) HKSAR -v- MD EMRAN HOSSAIN FACC No. 16 of 2016 In September 2016, we reported on the decision by the Appeal Committee of the Court of Final Appeal (“CFA”) to grant leave to appeal to the CFA on the following question: “May…

Bribery and Corruption Update

Bribery and Corruption Update HKSAR -v- Luk and Yu FACC Nos 6, 7 and 8 of 2016 Corruption and bribery offences – meaning of “agent” and “other document” for the purpose of s. 9(3) of the Prevention of Bribery Ordinance – deception on company by sole directors of that company Company X owned Company Y,…

Forbidden Reasoning, Fingerprints and Uncharged Acts

Forbidden Reasoning, Fingerprints and Uncharged Acts Recent Court of Appeal Judgements allowing the appeals on three drug-trafficking convictions demonstrate the difficulties in addressing juries on how to deal with evidence put before them. Forbidden Reasoning In HKSAR v Muramova (CACC 420/2014)(31 August 2016), the applicant had been arrested entering Hong Kong with 8 kilogrammes of…

Friends and Relatives in Prison

Friends and Relatives in Prison HKSAR v Wan Thomas & Ors (HCMA 700/2013) In HKSAR v Wan Thomas & Ors (HCMA 700/2013), the first defendant had set up a company to “assist the family and friends of persons in custody so that mutual communication can be enhanced and (they) can know how the persons in…

MCS – Winner of the Rising Law Firm of the Year 2016 award

Rising Law Firm of the Year 2016 At the Macallan ALB awards on 9th September 2016 MCS was named as a finalist for Criminal Law Firm and Boutique Law Firm and the winner of the Rising Law Firm of the Year 2016. The event was happily attended by all partners and staff of MCS .…

HKSAR v Don Amarasinghalage Don Chandra Janaka

HKSAR v Don Amarasinghalage Don Chandra Janaka HKSAR-v-DON AMARASINGHALAGE DON CHANDRA JANAKA (CACC 283/2015) Trial – jury – jury required by trial judge to deliberate overnight – whether lack of appropriate direction from judge gave rise to risk of placing jury under unacceptable pressure to deliver verdict that court could accept – whether conviction rendered…

Revised Sentencing Practice

1/3 Discount no longer allowed for late guilty pleas HKSAR-v- NGO VAN NAM (CACC 418 of 2014)  HKSAR v. ABDOU MAIKIDO ABDOULKARIM (CACC 327 of 2015) In May of this year we reported on the consideration by the Court of Appeal of the practice in sentencing whereby an applicant is afforded a full one-third discount…

Congratulations to Eric Tang on making partner in MCS

Congratulations to Eric Tang on making partner in MCS Congratulations to Eric Tang who is today assumed as a Partner of Morley Chow Seto. Eric is a founding member of MCS having joined us as an Associate in 2014. Eric has extensive experience in criminal defence work. The Partners are delighted that he is joining…

When should a Justice of Appeal sit as a Justice of Appeal?

When should a Justice of Appeal sit as a Justice of Appeal? HKSAR-v-MD EMRAN HOSSAIN (CACC 330/2014)  HKSAR v. MD EMRAN HOSSAIN (FAMC No. 25 of 2016) Upon being convicted of burglary by a District Court Judge, MD Emran Hossain (“Hossain”) was sentenced to 3 years’ imprisonment. He sought leave to appeal against conviction and…

Money Laundering Update

Money Laundering Update HKSAR -v- Carson YeungHKSAR -v- Salim MajedFACC Nos. 5 & 6 of 2015, FACC No.1 of 2015 (Heard Together) On 11th July 2016 the Court of Final Appeal handed down its judgment in two much anticipated decisions concerning money laundering. The ruling resolves issues which have taxed Hong Kong courts for some…

The Jury and the Internet

The Jury and the Internet The decision in HKSAR v Chan Huandai highlighted the problems of running jury trials in the Internet age. In this article, Morley Chow Seto examines the decision and the possible solutions. In HKSAR v Chan Huandai (CACC 114/2014), the Appellant had been previously convicted in the High Court of trafficking…

Morley Chow Seto Criminal Litigation Practice Prize 2015/2016

Morley Chow Seto Criminal Litigation Practice Prize 2015/2016 Congratulations to Choi Wing Hang Vivian who has won the Morley Chow Seto Criminal Litigation Prize 2015/2016 at City University for the highest mark in ‘Criminal Litigation Practice’. We wish Vivian, a student in the Postgraduate Certificate in Laws (PCLL) course every success in her future career. For details…

HKSAR -v- Rafael Hui and Others FAMC Nos. 8, 9, 10, 11 of 2016

HKSAR -v- Rafael Hui and Others FAMC Nos. 8, 9, 10, 11 of 2016 The Appeal Committee of the Court of Final Appeal has granted leave to appeal on a point of law of great and general importance in relation to the case concerning the former Chief Secretary Mr Rafael Hui and others. The case…

MCS Pro Bono Workshop

MCS Pro Bono Workshop MCS lawyers Christopher Morley and Eric Tang were invited to speak at a PILnet pro bono workshop meeting on 25th May 2016. Speaking with Boase Cohen & Collins partner Colin Cohen, Chris and Eric addressed a large gathering of NGOs solicitors and barristers interested in pro bono criminal work. The talk…

Application of the Proviso

Application of the Proviso In HKSAR v Mak Chai Kwong & Tsang King Man, the Appellants were convicted by a District Court Judge of conspiring to defraud the Government under common law, and using documents as agents with intent to deceive their principal under s. 9(3) of the Prevention of Bribery Ordinance. The offences arose…

1/3 Discount for Guilty Plea?

1/3 Discount for Guilty Plea? The current practice of sentencing whereby almost every Defendant who pleads guilty before trial is given a one third reduction from the starting point for sentencing is to be reconsidered by the Court of Appeal. In HKSAR –v- Lo Kam Fai (CACC374/2014) , Yeung and Lunn VPP and Macrae JA…

HKSAR v NGIE Hon Miu

HKSAR v NGIE Hon Miu CACC 263/2012 Evidence of uncharged acts – prejudicial effect – specific directions required At his trial before a judge and jury in 2012, the Applicant was convicted of one count of conspiracy to traffic in methamphetamine hydrochloride (ice) in August 2008, and sentenced to 27 years imprisonment. At an earlier…

Live TV Link in Criminal Cases

Practice Direction 9.9 to Allow for Live Television Link Evidence in Criminal Proceedings The courts have for a long time been presented with difficulties if an overseas witness is able and willing to give evidence but is either unable or unwilling to travel to Hong Kong to give that evidence. While mutual legal assistance arrangements…

Stay of Execution

Court of Appeal Finds that personal impact of defendant's conviction is no basis for stay of execution On 7 December 2015, the Court of Appeal (“CA”) ordered a District Court Judge to convict Stephen Chan, the General Manager of TVB and his assistant Tseng Pei-kun, following protracted proceedings (case citation). In 2011, Chan and Tseng…

Road Traffic Law

Statutory Interpretation: What constitutes 'Tampering with a Motor Vehicle'? HKSAR v Law Yat Ting In HKSAR v Law Yat Ting [2015] HKCFA 71, the Court of Final Appeal considered the meaning of “tampers” in the Road Traffic Ordinance (Cap. 374) (the “Ordinance”). Section 49 of the Ordinance reads as follows: “If a person otherwise than…

Drug Mules Freed

Drug Mules Freed The unlikely Australians caught up with international drug lords - ABC News On 6th November 2015, drug trafficking charges in the High Court against 4 of our clients were dismissed and the clients were acquitted following the offer of no evidence by the Prosecution. In each case, the drug involved was methamphetamine…

MCS in 2015 Criminal Law Conference

MCS in 2015 Criminal Law Conference On 24th October Morley Chow Seto was invited to the 2015 Criminal Law Conference organised by the Department of Justice. The Conference was opened with a speech by the Secretary for Justice, Mr. Rimsky Yuen SC followed by a key-note presentation by the Hon. Mrs. Justice Maura McGowan on…

MCS update on HKMA Anti-money Laundering

MCS update on HKMA Anti-money Laundering MCS answers questions from Conventuslaw.com on Anti-Money Laundering and Counter-Terrorist Financing Laws in Hong Kong: As criminal enterprises have gotten savvier with their methods of laundering money, financial institutions have also had to step up their protocols for identifying suspicious transactions and ensuring they are in compliance with all…

Director Failing to Pay wages

Director Failing to Pay wages. Community Service: an alternative to Prison. The Defendant pleaded guilty to 2 offences as follows: Failing to pay wages within due date after termination of employment, contrary to sections 25, 63C, and 64B(1) of the Employment Ordinance, Cap 57; and Failing to pay any sum payable under an award of…

Money Laundering: New Issues

Money Laundering: New Issues Hong Kong practitioners will know that the application of the law on money-laundering has been re-articulated by the Court of Final Appeal in Pang Hung Fai (FACC8 of 2013). We reported on this in November 2014. In April 2015 we reported on the case of Salim Majid where the question of…

Morley Chow Seto Criminal Litigation Practice Prize

Morley Chow Seto Criminal Litigation Practice Prize Congratulations to Wong Ka Yi Brenda who has won the Morley Chow Seto Criminal Litigation Prize 2014/2015 at City University for the highest mark in ‘Criminal Litigation Practice’. We wish Brenda, a student in the Postgraduate Certificate in Laws (PCLL) course every success in her future career. For…

Drink-driving and Perverting the Course of Justice

Drink-driving and Perverting the Course of Justice The Court of Final Appeal has upheld a conviction for perverting the course of justice where, following a road traffic accident, the passenger of the vehicle went to a nearby store to purchase beer which she then poured into the mouth of the driver of the vehicle who…

Life after Death

Court of Final Appeal Decision: Criminal Appeal lives on after death In 2012, the appellant had been convicted after trial on one charge of conspiracy to defraud and served his sentence. On 14 March 2014, the Court of Appeal dismissed his application for leave to appeal against conviction. On 4 August 2014, the Court of…

HKMA Warning to Hong Kong Banks

HKMA issue warning to Hong Kong Banks on Anti-Money Laundering measures The Deputy Chief Executive of the Hong Kong Monetary Authority, Mr. Arthur Yuen, announced today that some banks in Hong Kong may have failed to meet anti- money laundering (AML) requirements. Mr. Yuen has said that the time has come for tougher enforcement of…

Money Laundering and Duplicity

Money Laundering and Duplicity In November 2014 the Court of Appeal allowed an appeal brought by convicted defendants who had faced 10 charges of money laundering. The Court of Appeal further declined to order a re-trial on the basis that the charges were duplicitous. The charges had been drafted to cover a period of time,…

MCS Supports HK Law Schools

Morley Chow Seto Criminal Litigation Practice Prize We are pleased to announce in conjunction with the School of Law at the City University of Hong Kong that we have established the Morley Chow Seto Criminal Litigation Practice Prize. The prize will be awarded at the conclusion of the last semester in the Post Graduate Certificate…

Forfeiture and Drug Trafficking (2)

Forfeiture and Drug Trafficking (2) The Court of Appeal recently again visited the issue of forfeiture following a drug trafficking conviction. McWalters JA (in a dissenting judgement) set out the principles for forfeiture applications as follows: applications for forfeiture are civil in nature; the applicant making the forfeiture application bears the burden of establishing that…

SFC and Advertising

Section 103 of the Securities and Futures Ordinance On 20th March 2015, the Court of Final Appeal allowed an appeal in relation to the issuing of advertisements to promote a collective investment scheme without the authorization of the SFC. Section 103 of the Securities of the Futures Ordinance makes it an offence to issue advertisements,…

Drugs, Conspiracy and Jurisdiction

Court of Final Appeal Decision FACC No 8 of 2014Hong Kong : Drugs, Conspiracy and Jurisdiction On 16 February 2015 the Court of Final Appeal handed down an important decision on the law of conspiracy and the jurisdiction of the Hong Kong Courts. In the case of Wong Tak Keung (FACC No.8 of 2014), Wong…

WhatsApp, Hearsay and Ghosts

Court of Final Appeal DecisionWhatsApp, Hearsay and Ghosts The Court of Final Appeal handed down a judgment on 9 February 2015 in relation to the admissibility of “WhatsApp” messages in the case of HKSAR v Lau Shing Chung Simon (FACC 6/2014). The Appellant had been convicted after trial of Common Assault against a Ms Yau.…

Forfeiture and Drug Trafficking

Court of Appeal DecisionForfeiture and payment of costs following drug trafficking conviction The Court of Appeal (Hon Lunn VP, Macrae and McWalters JJA) has quashed an order made by a Deputy High Court Judge that US$4,000 found in the possession of the Accused at the time of her apprehension be paid to the “Legal Aid…

December Update

December Update The Court of Appeal has recently re-affirmed two important principles in criminal trials1. Unrepresented Defendants (HKSAR-v- Chan Hoi Wing CACC25/2014) The first concerned an unrepresented Defendant at trial for trafficking in dangerous drugs in the High Court. She had given evidence at her trial but had called no other evidence. The prosecutor had…

Combating Human Slavery in South East Asia

Combating Human Slavery in South East Asia Morley Chow Seto have co-authored a report to be used in the fight against slavery. The report looks at laws in different countries in a range of human trafficking scenarios and is designed for use by NGOs combatting human traffickers in the region and also by lawyers looking…

Update on Money Laundering

Update on Money Laundering On 10th November 2014 the Court of Final Appeal unanimously allowed the appeal of Pang Hung Fai against his earlier conviction for money laundering in the District Court. In an important judgment delivered by Mr. Justice Spigelman NPJ, the Court of Final Appeal examined the interpretation of the words “having reasonable grounds…

MCS updates Hong Kong Accountants

MCS updates the Hong Kong Institute of Certified Public Accountants in their monthly magazine Aplus Christopher Morley was asked to update Hong Kong Accountants and CPAs on money laundering in an article appearing in the November 2014 edition of Aplus.  The article examines 2 recent appeal decisions, one of which will be decided upon by…

Voluntariness of Oral Admissions.

Court of Final Appeal Decision Voluntariness of Oral Admissions On 17th September 2014, Morley Chow Seto represented a Defendant in an appeal at the Court of Final Appeal which will be of importance to all criminal defence lawyers defending clients alleged to have made oral admissions at the scene. The issue turned on whether a…

MCS updates IBA

MCS reports on Hong Kong updates in IBA newsletter In an article appearing in the September 2014 issue of the International Bar Association’s Criminal Law and Business Crime newsletter Christopher Morley updates the IBA on developments in Hong Kong criminal law. It covers the topics of Money Laundering, Random Drug Tests and Sentencing. The full article…

Conspiracy to Defraud

    Update:  Conspiracy to Defraud   On 12th August 2014 the Appeal Committee of the Court of Final Appeal granted leave to appeal on the following questions of law: Whether the principle that a court in Hong Kong has jurisdiction to try a crime ‘a substantial measure of the activities’ of which took place within…

Christopher Morley is fundraising for AIDS Concern

Christopher Morley is fundraising for AIDS Concern  “Thank you all very much for your support! Together we have raised HK$122,000 with more pledged if I complete the course. I finishedthe course in 4 hours 15 minutes and 46 seconds. Conditions were really good with clear blue skies and no wind. And the money raised will…

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