1 August 2024
Chester Fung Obtained Acquittal in Early Withdrawal of MPF Benefits by Using False Instrument
Chester Fung, led by Tony Li S.C., represented the Defendant in a 2-day trial and successfully defended the count of using a false instrument in HKSAR v. S.K.P. (ESCC 85/2024), resulting in the acquittal of the Defendant.
The Defendant was charged with using a false instrument, namely, a statutory declaration purportedly made before a Commissioner for Oaths declaring that he will permanently leave Hong Kong. It was alleged that the said instrument was used for an application for early withdrawal of MPF benefits.
The main issue was whether the statutory declaration was made before the Commissioner for Oaths as purportedly stated therein.
The Court found that there was insufficient evidence to show that the statutory declaration was not made before the Commissioner for Oaths, and that the Defendant knew or believed that the instrument was false. As a result, the Court found that the case was not proved beyond reasonable doubt and the Defendant was acquitted accordingly.
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