Lord Goff of Chiveley:

The appellant, Wai Yu-tsang, appeals from a judgment of the Court of Appeal of Hong Kong dated 28 June 1990, dismissing his appeal against conviction on one count of conspiracy to defraud returned after trial in the High Court of Hong Kong before Barnett J and a jury.

The appellant was the chief accountant of the Hang Lung Bank (the bank). He was charged that, between 7 September and 13 November 1982, he conspired together with Cheng Eng-kuan, Lee Hoi-kwong and others to defraud the bank and its existing and potential shareholders, creditors and depositors, by dishonestly concealing in the account of the bank the dishonouring of US dollar cheques in the sum of US$124 million, drawn on the account of Overseas Maritime Co. Ltd. SA with Citibank International, Chicago, such cheques having been purchased by the bank. Of the other members of the alleged conspiracy, Cheng was the managing director of the bank and Lee was the general manager. Cheng fled the jurisdiction, as did another associate of his, John Mao. Lee originally stood trial with the appellant but, following preliminary argument on the admissibility of certain evidence, the crown abandoned it