HKSAR V. MAK KWONG YIU, CHAN LAI YEE, WONG SHUK ON, LEE YICK MING

[2025] HKCFA 20 Court of Final Appeal 5 November 2025 • FACC1/2025 • 68 min read

15 cases cited (0 HK, 15 foreign)

Outcome

Appeal allowed

I would therefore allow the appeal, set aside the judgment of the Court of Appeal and restore the convictions of the defendants and other orders made in the District Court.

Source: [2025] HKCFA 20, Court of Final Appeal, decided 5 November 2025. Read directly from the judgment.

Judges (5)

Fok Coram Lam Coram Ribeiro Coram Stock Coram William Young Coram

Counsel (21)

Parties (5)

HKSAR Appellant Chan Lai Yee Respondent Lee Yick Ming Respondent Mak Kwong Yiu Respondent Wong Shuk on Respondent

Case Significance

HKSAR V. MAK KWONG YIU, CHAN LAI YEE, WONG SHUK ON, LEE YICK MING [2025] HKCFA 20 is a Court of Final Appeal decision concerning the Companies Ordinance, s 536. The Court of Final Appeal held: "I would therefore allow the appeal, set aside the judgment of the Court of Appeal and restore the convictions of the defendants and other orders made in the District Court." The ruling reversed the Court of Appeal's earlier disposal of the matter and restored the District Court's original convictions and orders against the defendants named in the proceedings.

Summary

HKSAR appealed to the Court of Final Appeal against the acquittals of Mak Kwong Yiu, Chan Lai Yee, Wong Shuk On, and Lee Yick Ming on conspiracy to defraud charges involving share placement arrangements. The case examined the legal elements of conspiracy to defraud, particularly whether the defendants' conduct in concealing the true nature of share placements constituted fraud. The Court of Final Appeal heard arguments on the proper scope of the offence of conspiracy to defraud.

What did the Court of Final Appeal decide in HKSAR V. MAK KWONG YIU, CHAN LAI YEE, WONG SHUK ON, LEE YICK MING [2025] HKCFA 20?

The Court of Final Appeal allowed the appeal, set aside the judgment of the Court of Appeal, and restored the convictions of the defendants and other orders made in the District Court, in a case concerning the Companies Ordinance, s 536.

What legislation was at issue in [2025] HKCFA 20?

The case concerned the Companies Ordinance, s 536, in proceedings brought against defendants Mak Kwong Yiu, Chan Lai Yee, Wong Shuk On and Lee Yick Ming, whose District Court convictions were restored by the Court of Final Appeal.

Statutes Cited

Companies Ordinance (Cap 622)

s 536

Cases Cited (15)

UK (11)

[1967] 2 QB 786 [1982] 1 QB 1053 [1982] AC 300 [1992] 1 AC 269 [1995] 1 WLR 52 [2004] UKPC 16 [2005] 1 AC 684 [2009] EWCA Civ 1010 [2016] 3 All ER 93 [2018] AC 391 [2025] 1 WLR 3553

HK (4)

(2003) 6 HKCFAR 517 (2007) 10 HKCFAR 386 (2016) 19 HKCFAR 86 [2003] HKCFA 46