HKSAR v. CHEUNG CHI SIU AND ANOTHER

HKSAR v. CHEUNG CHI SIU AND ANOTHER

The Magistrate applied the correct legal tests under s9, properly admitted the monitored audio recordings and Records of Interview after exercising discretion, and correctly concluded there were no exceptional circumstances to avoid immediate custodial sentences; therefore the appeals against conviction and sentence were dismissed.

Citation
HKSAR v. CHEUNG CHI SIU AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: CHEUNG CHI SIU; 2nd Appellant: LAM HUNG SAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 October 2000
Case Number
HCMA455/2000
Procedural Posture
Criminal Appeal (magistracy) / On Appeal From Magistracy (twcc 2417/1999); Judgment by Court of First Instance
Outcome
Appeals against conviction and sentence dismissed
Legal Topics
Prevention of Bribery Ordinance, Section 9 Accepting/offering Advantage, Admissibility of Monitored Audio Recordings, Confessions and Records of Interview, Sentencing Principles and Deterrence
Source Language
EN
Criminal Law Anti Corruption Law Evidence Prevention of Bribery Ordinance Section 9 Accepting/offering Advantage Admissibility of Monitored Audio Recordings Confessions and Records of Interview Sentencing Principles and Deterrence

Case Brief

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Parties

HKSAR

Respondent

CHEUNG CHI SIU

1st Appellant

LAM HUNG SAI

2nd Appellant

Procedural Posture

Criminal Appeal (magistracy) / On Appeal From Magistracy (twcc 2417/1999); Judgment by Court of First Instance

Legal Issues

  1. 1 Whether acceptance/offering of advantage under s9 requires the act to be in relation to the principal's affairs
  2. 2 Whether the Magistrate applied correct legal test (Ch'ng Poh v Leonard distinction)
  3. 3 Admissibility of undercover monitored audio tapes and impact on right to silence

Ratio Decidendi

The Magistrate applied the correct legal tests under s9, properly admitted the monitored audio recordings and Records of Interview after exercising discretion, and correctly concluded there were no exceptional circumstances to avoid immediate custodial sentences; therefore the appeals against conviction and sentence were dismissed.

Court Disposition

Appeals against conviction and sentence dismissed

Orders

  • Appeals against conviction dismissed
  • Appeals against sentence dismissed