HKSAR v. LAU WAH HING FRANCIS

HKSAR v. LAU WAH HING FRANCIS

The court affirmed that a 9 month starting point for the corruption charges was appropriate but found the sentences for the three conspiracy to defraud charges were of the same nature and should largely run concurrently; ordered one 3 month term from those charges to run consecutively to the 9 month corruption sentence, reducing the total sentence from 15 months to 12 months; appeal allowed in part.

Citation
HKSAR v. LAU WAH HING FRANCIS
Parties
Respondent: HKSAR; 2nd Appellant: LAU WAH HING FRANCIS
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2002
Case Number
HCMA945/2002
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; total sentence reduced from 15 months to 12 months
Legal Topics
Accepting an Advantage as Agent, Conspiracy to Defraud, Sentencing Principles, Concurrent and Consecutive Sentences
Source Language
EN
Criminal Law Anti Corruption Fraud Sentencing Appeal Accepting an Advantage as Agent Conspiracy to Defraud Sentencing Principles +1 more

Case Brief

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Parties

HKSAR

Respondent

LAU WAH HING FRANCIS

2nd Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conspiracy to defraud sentences warranted immediate custody
  2. 2 Whether sentences for charges 6,7 and 8 should run concurrently or consecutively with the corruption sentence
  3. 3 Appropriate starting point for sentencing corruption under Cap.201

Ratio Decidendi

The court affirmed that a 9 month starting point for the corruption charges was appropriate but found the sentences for the three conspiracy to defraud charges were of the same nature and should largely run concurrently; ordered one 3 month term from those charges to run consecutively to the 9 month corruption sentence, reducing the total sentence from 15 months to 12 months; appeal allowed in part.

Court Disposition

Appeal allowed in part; total sentence reduced from 15 months to 12 months

Orders

  • Order that the sentences on charges 6, 7 and 8 run concurrently with each other but that 3 months of those sentences run consecutively with the 9 month sentence for the corruption charges, resulting in a total sentence of 12 months
  • Appeal otherwise dismissed (9 month corruption sentence upheld)