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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
2002 LC CASE SUMMARIES 2002 HKCU LEXIS 1712 (Court of Appeal Criminal Appeal) [Hong Kong]
Topic:Criminal Fraud
Article
Note:Applicant, owner of Trento and Company, obtained a LC from Hua Chiao Commercial Bank Limited in the sum of US$ 232,000, later increased to US$ 580,000, in favor of Zhejiang Jeans Garments Group Company purportedly for the purchase of 5,000 leather jackets. Applicant admitted in a statement to police that there was never any contract between the two companies for the sale of garments. The admissibility of the statement was challenged in a voire dire to determine if it had been made voluntarily. During the voire dire, the Applicant "was allowed to meander through the evidence only relevant to the general issue." The counsel for defense permitted the evidence in the voire dire proceeding to be used in the trial believing this included the evidence given by Appellant. Counsel for defense also instructed his client not to testify at trial because "the testimony she had given in the voire dire would effectively be taken into account in the trial proceedings." Appellant was convicted of two counts of procuring the execution of a valuable security, contrary to local theft ordinance. The appellate court ordered a re-trail based on the defense counsel's failure to properly represent his client.
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