Read the full judgment text of FCMC 85/2010 on BabelCite. This Family Court judgment was delivered on 8 December 2016 before 馬道立 (Chief Justice), 李義 (Permanent Judge), 鄧楨 (Permanent Judge), 霍兆剛 (Permanent Judge), 賀輔明勳爵 (Non-Permanent Judge).
Criminal law – Prevention of Bribery Ordinance – agent – conspiracy – false document – Board Minutes – attribution – corporate liability – appeal dismissed – Meaning of agent under s.9 POBO: No pre-existing duty required; acting on behalf creates duty of loyalty. – Interpretation of 'or other document': Includes Board Minutes. – Attribution of knowledge: Common law principles do not apply to statutory corruption rules; attribution depends on purpose. – Outcome: Appeal dismissed.
Legal issues: Meaning of 'agent' under s.9 POBO · Interpretation of 'or other document' in s.9(3) POBO · Attribution of knowledge to company under common law vs POBO
Outcome: Appeal dismissed
Cites 2 cases