Criminal Litigation

Newsletters & Updates

2020-07	Agents, brokers and intermediaries beware: When is it not a crime to receive commissions and rebates after you have helped someone?
2020-05	Can you challenge an ICAC search warrant on the ground that it does not contain sufficient information?
2020-03	The risk of using an unlicensed underground money exchange
2020-01	The risk of applying for a prestigious club membership via an intermediary or broker - Membership consultancy firm operator jailed for bribery over Jockey Club’s membership application
2019-11	Injunction against violent online messages: Will online platform administrators be held liable?
2019-09	Can love be a defence to bribery and misconduct in public office?
2019-07	How would writing to the Chief Executive and the Commissioner of ICAC during an ICAC investigation constitute perverting the course of justice?
2019-06	The CFA clarifies the relationship between “bribery” and “misconduct in public office” in Donald Tsang’s case
2019-05	DDoS attack – cybercrime for misusing a victim’s computer through the victim’s website
2019-04	Court of Final Appeal confirms “obtaining access to computer with a view to dishonest gain” should not apply to a person’s own devices
2019-03	A reminder of ICAC’s powers for offences other than bribery and corruption
2019-02	Navigating the money laundering minefield – the Court of Appeal dismissed the constitutional challenge against the “no consent” regime
2019-01	A second chance – principles governing the reversal of a guilty plea
2018-11	Section 300 of the SFO a way to prosecute insider dealings in shares listed overseas?
2018-09	When would using a computer be a crime? CFI decision narrowed the scope of application of the offence of accessing a computer with dishonest intent
2018-07	Hong Kong bribery law on moonlighting after the Stephen Chan Case
2018-06	When would the honest and reasonable belief defence apply? The Court of Final Appeal clarified in relation to the offence of indecent assault
2018-05	Who is a “friend”? – Court of Final Appeal clarified the meaning of “friend” in relation to persons providing prison visiting services
2018-04	Non-disclosure of conflicts of interest may be a crime – procurement staff beware
2018-03	Corrupt agents using false documents charged by ICAC
2018-02	Court of Final Appeal clarifies what civil disobedience is and other aspects on unlawful assembly
2018-01	The 3D-Gold saga: bribery charge acquittal lacking the requisite mens rea
2018-01	Time for Hong Kong to revisit the meaning of “dishonesty”
2017-12	When will convicted defendants be ordered to pay the prosecution’s costs?
2017-11	After the Stephen Chan Chi-Wan Case: Employees Seeking a Service Payment from Clients is Still a Corruption Offence under Hong Kong Law
2017-10	First Entity Convicted of the Offence of Actively Marketing in Hong Kong Regulated Activities Carried Out Outside Hong Kong Without a Licence
2017-09	How Should the Motive of “Civil Disobedience” Be Considered in Sentencing for the Offence of Unlawful Assembly?
2017-09	How Legal Practitioners Should Handle Client’s Money from an AML Perspective? Some Good News, But More Alerts
2017-08	The “Civic Square” Unlawful Assembly Sentence Review – Why the Court of Appeal Jailed J Wong, N Law and A Chow?
2017-07	Who is “Managing” the Guesthouse?
2017-07	First Conviction under the Trade Descriptions Ordinance against a Renovation Company for Inflating Renovation Costs by Contractors
2017-06	The Rafael Hui Corruption Saga (Part 5): Is “Favourable Disposition” a Strong Enough Criminal Element for Establishing a Misconduct in Public Office Offence?
2017-05	Does Summing-up of a Case to the Jury Do More Harm Than Good?
2017-05	“Wannacry” – What Can You Do If You Are Hit by a Ransomware Cyber Extortion?
2017-04	The Court of Final Appeal Overturned Conviction Where Right to Silence was Infringed
2017-03	Moonlighting Is Not an Offence Unless It Undermines the Employer’s Interests, as Clarified in the Stephen Chan Chi-wan Case
2017-02	Donald Tsang’s Conviction Sheds Light on the Offence of Misconduct in Public Office
2017-01	Who is Deceived: Can a Sole Director Deceive his Company?
2016-12	The UK Reformed the Law of Accessory Liability – The HKCFA Refused to Follow
2016-10	When to Plead Guilty? An Amendment to the One-third Reduction Rule in Sentencing
2016-09	The Requirement to Decrypt Information in Hong Kong
2016-08	A Biased Referee? Excessive Judicial Intervention as an Appeal Ground
2016-07	The Soccer Boss Saga: Carson Yeung and Money-laundering (Part IV) – Re-visit on Elements of Money Laundering Contravening Section 25(1) of the Organized and Serious Crimes Ordinance
2016-06	When Would the Media be Ordered to Postpone Publication of Any Description of Court Proceedings?
2016-05	The Court of Final Appeal Adopted a Literal Approach to Interpretation of the Listing Rules in Considering Whether There Was a Conspiracy to Defraud the Listed Company
2016-04	The UK Supreme Court: The Law of Accessory Liability Has Taken a Wrong Turn
2016-03	Misuse of High Level Connections Could Amount to Perverting the Course of Justice - As Lew Mon-hung's Conviction Tells Us
2016-02	The Rafael Hui Corruption Saga (Part 4): Does the Offence of Misconduct in Public Office Require Specific Act(s) in favour of the Briber?
2016-01	Providing Professional Services in the Ordinary Course of Business - No Defence to Professionals for Conspiracy!
2015-12	Hong Kong Courts' Jurisdiction in Relation to Bribery Offences Involving Foreign Elements
2015-11	Why Was Stephen Chan Chi-Wan Convicted Again?
2015-10	Be My Guest Saga - How Can an Agent Prove Reasonable Excuse for Accepting an Advantage?
2015-09	Using Anti-Money Laundering Law to Prosecute Telephone Scammers
2015-08	The 3D-GOLD Saga: Possible Offences in Corporate M&A
2015-07	The Garden Vista Scandal: Legal Issues of Tender-Rigging in Building Management Projects
2015-06	The Soccer Boss Saga: Carson Yeung and Money-laundering (Part III) - How is the "Reasonable Grounds to Believe Test" Applied?
2015-04	The Rafael Hui Corruption Saga (Part 3): Kwok Ping Kwong's Application for Bail Pending Appeal Dismissed
2015-03	The Principal Behind the Scene: A Discussion of the Agent-Principal Relationship under the Prevention of Bribery Ordinance
2015-02	Money-Laundering: Adverse Inference Drawn Following Defendant's Failure to Substantiate His Position
2015-01	Money-Laundering: Would I Have Believed I Was Dealing with Dirty Money?
2014-12	Rafael Hui & the Kwok Brothers: A Corruption Saga (Part 2)
2014-10	Fraud in a Fictitious Petroleum Transaction
2014-09	Money-laundering: Professionals' Potential Criminal Liability in Handling Clients' Money
2014-08	"Occupy Central" and its Legal Consequences
2014-07	Computer Hackers: Catch Me If You Can?
2014-06	Rafael Hui & the Kwok Brothers: A Corruption Saga (Part 1)
2014-05	Blaming Your Own Lawyer as a Ground of Appeal
2014-04	Taking Assets from Your Own Company Could Land You in Jail
2014-03	The Soccer Boss Saga: Carson Yeung and Money-laundering (Part II) - How is the Money Laundering Law Applied?
2014-02	What Constitutes the Offence of Perverting the Course of Public Justice?
2014-01	Combating Pyramid Schemes in Hong Kong
2013-11	The Soccer Boss Saga: Carson Yeung and Money-laundering
2013-09	Changes to the Trade Descriptions Ordinance
2013-08	Lending Bank Accounts to Others? Think Twice Before You Act!
2013-05	When Can a Person be Prosecuted in Hong Kong for a Cross-border Crime?