HKSAR v. LAI SIU FAI and Another

HKSAR v. LAI SIU FAI and Another

Where defendants represented by counsel asked to be fined but did not place financial information before the sentencing court, the court properly proceeded on the basis they could pay; the fines imposed were not excessive for the conduct and therefore the appeals against conviction and sentence were dismissed.

Citation
HKSAR v. LAI SIU FAI and Another
Parties
Respondent: HKSAR; 1st Appellant: Lai Siu-fai; 2nd Appellant: Yeung Wing-yiu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 1998
Case Number
HCMA73/1998
Procedural Posture
Criminal Appeal (magistracy) / Appeal to High Court (court of First Instance) Judgment
Outcome
Appeals against conviction and sentence dismissed
Legal Topics
Assault, Fines, Ability to Pay, Duty to Inquire Into Means, Magistrates' Sentencing Practice, Appeal Against Sentence
Source Language
EN
Criminal Law Sentencing Procedure Assault Fines Ability to Pay Duty to Inquire Into Means Magistrates' Sentencing Practice +1 more

Case Brief

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Parties

HKSAR

Respondent

Lai Siu-fai

1st Appellant

Yeung Wing-yiu

2nd Appellant

Procedural Posture

Criminal Appeal (magistracy) / Appeal to High Court (court of First Instance) Judgment

Legal Issues

  1. 1 Whether convictions were safe
  2. 2 Whether the magistrate should have inquired into the appellants' means before imposing a fine
  3. 3 Whether the fine of $4,000 was excessive given the other orders and circumstances

Ratio Decidendi

Where defendants represented by counsel asked to be fined but did not place financial information before the sentencing court, the court properly proceeded on the basis they could pay; the fines imposed were not excessive for the conduct and therefore the appeals against conviction and sentence were dismissed.

Court Disposition

Appeals against conviction and sentence dismissed

Orders

  • Original sentences affirmed: custodial term of 3 months imprisonment suspended for 12 months (each appellant)
  • Fine of HKD 4,000 imposed on each appellant