Vivien Fan

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Charge:	Conspiracy to defraud
Sentence:	33 months
Years Imprisoned:	1.80
Year Crime:
Year Convicted:	2008
Year Cleared:	2011
U.S. State or Country of Crime:	Hong Kong
County or Region of Crime:	Hong Kong
City of Crime:	Hong Kong
Result:	Judicially Exonerated
Summary of Case:	"Rowena Ng, Vivien Fan, Simon Lai, Fiona Lam, Donald Koo, and H.A. Rahman were wrongly convicted in September 2008 in Hong Kong for conspiracy to defraud, and two of the lawyers were convicted of making a false statement by company directors. The six individuals, two bankers, three lawyers and a financial controller were found guilty for their role in connection with the publication of incorrect statements in various public documents related to the takeover of a Hong Kong listed company, which was later renamed Shanghai Land. They were found guilty even though the prosecution did not introduce evidence that any of the defendants had a corrupt motive and each had an "unblemished character." The defendants were given prison terms varying from 12 to 33 months. On March 31, 2010 Hong Kong's Court of Appeal quashed Rowena Ng's conviction, while affirming convictions of the other five defendants. On June 29 and 30, 2011 Hong Kong's Court of Final Appeal quashed all the remaining convictions against the remaining five defendants. The written rulings were issued on July 15, 2011."
Conviction Caused By:
Innocence Proved By:	"On June 29 and 30, 2011 Hong Kong's Court of Final Appeal quashed all the remaining convictions against the remaining five defendants."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Female
Skin/Ethnicity:	Asian
Information Source 1:	"Vivien Fan, Simon Lai, Fiona Lam, Donald Koo, and H.A. Rahman v. Hong Kong Special Administrative Region, FACC Nos 6, 7, 8, 10, 11 & 12 of 2010, July 15, 2011 (Hong Kong Court of Final Appeal)"
Information Location 1:	http://legalref.judiciary.gov.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=77310&QS=%24%28conspiracy%2Cshanghai%2Cland%2CChau%2CChing\-\ngai%29&TP=JU
Information Source 2:	"Shanghai Land - Hong Kong's highest court quashes convictions of all defendants, Lexology, September 28, 2011"
Information Location 2:	http://www.herbertsmith.com/NR/rdonlyres/037CE496-D652-426D-8A50-88FA89D43F24/23214/0928ShanghaiLandHongKongshighestcourtquashesconvic.htm
Information Source 3:	"Hong Kong Special Administrative Region v. Rahman, Ng, Lam, Fan, Lai and Koo, Criminal Appeal No. 302 OF 2008, March 31, 2010 (Hong Kong Court of Appeal)"
Information Location 3:	http://legalref.judiciary.gov.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=70436&QS=%24%28conspiracy%2Cshanghai%2Cland%2CRowena%2CNg%2C2010%29&TP=JU
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Vivien Fan

Charge:

Conspiracy to defraud

Sentence:

33 months

Years Imprisoned:

1.80

Year Crime:

Year Convicted:

2008

Year Cleared:

2011

U.S. State or Country of Crime:

Hong Kong

County or Region of Crime:

Hong Kong

City of Crime:

Hong Kong

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On June 29 and 30, 2011 Hong Kong's Court of Final Appeal quashed all the remaining convictions against the remaining five defendants."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

Asian

Information Source 1:

"Vivien Fan, Simon Lai, Fiona Lam, Donald Koo, and H.A. Rahman v. Hong Kong Special Administrative Region, FACC Nos 6, 7, 8, 10, 11 & 12 of 2010, July 15, 2011 (Hong Kong Court of Final Appeal)"

Information Location 1:

http://legalref.judiciary.gov.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=77310&QS=%24%28conspiracy%2Cshanghai%2Cland%2CChau%2CChing\-\ngai%29&TP=JU

Information Source 2:

"Shanghai Land - Hong Kong's highest court quashes convictions of all defendants, Lexology, September 28, 2011"

Information Location 2:

http://www.herbertsmith.com/NR/rdonlyres/037CE496-D652-426D-8A50-88FA89D43F24/23214/0928ShanghaiLandHongKongshighestcourtquashesconvic.htm

Information Source 3:

"Hong Kong Special Administrative Region v. Rahman, Ng, Lam, Fan, Lai and Koo, Criminal Appeal No. 302 OF 2008, March 31, 2010 (Hong Kong Court of Appeal)"

Information Location 3:

http://legalref.judiciary.gov.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=70436&QS=%24%28conspiracy%2Cshanghai%2Cland%2CRowena%2CNg%2C2010%29&TP=JU

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