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Hong Kong Court of Final Appeal: divided by a common purpose (case comment)

Krebs, B. (2017) Hong Kong Court of Final Appeal: divided by a common purpose (case comment). Journal of Criminal Law, 81 (4). pp. 271-274. ISSN 1740-5580

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To link to this item DOI: 10.1177/0022018317719800

Abstract/Summary

The paper analyses the landmark decision in Chan Kam Shing by which the Hong Kong Court of Final Appeal refused to follow the UK Supreme Court’s lead in abolishing the mode of criminal liability known as ‘parasitic accessory liability’. It critically examines the historical, doctrinal and policy reasons put forward by the HKCFA in support of its decision to reject Jogee. The paper argues that the HKCFA and UKSC judgments are at cross-purposes, being based on fundamentally different analytical frameworks and taxonomies of complicity.

Item Type:Article
Refereed:No
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:72950
Publisher:SAGE

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