Note: In order to pay his gambling debts, Chan Ming-Chor applied to the Dao Heng Bank Limited for the issuance of LCs on behalf of the Jing Hwa Trading Company which he managed and which was a subsidiary of Luen Thai International Group Limited. The named beneficiary was Wai Ho Trade Company which was the sole proprietorship of the criminal defendant, Cheung Wai Chun. Even though there were no goods sold, the criminal defendant prepared and presented false drafts and invoices to Nanyang Commercial Bank Limited and others to the Hong Kong & Shanghai Bank which negotiated them. After the amounts were. paid and credited to the beneficiary's account, they were paid by check to the operators of an illegal gambling den frequented by Mr. Chan. The jury found the criminal defendant guilty of 17 counts of procuring the entry of a record in a bank by deception and furnishing false information in violation of the Hong Kong Theft Ordinance. On appeal to the Hong Kong Court of Appeal, affirmed. The appellate court noted that although the evidence was circumstantial, there was proof that the criminal defendant was out of the country at the time of some of the transactions, and no proof that she personally benefited from the transactions. The evidence presented enabled the jury to reach its decision.


The views expressed in this Case Summary are those of the Institute of International Banking Law and Practice and not necessarily those of ICC or the other partners in DC-PRO.