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Hong Kong Leading Case cfa jurisprudence

HKSAR v Chan Kam Shing

(2016) 19 HKCFAR 640
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2016
StatusBinding authority

Summary

Secondary party liability in joint enterprise requires proof that the defendant intended or contemplated as a real possibility the commission of the offence and participated with that awareness.

Key Principle

The CFA considered joint enterprise liability and held that a secondary party must be proved to have intended the commission of the offence or contemplated it as a real possibility and participated with that awareness.

Area of Law

criminal

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