KINFORM LTD v. TSUI LOI AND OTHERS

KINFORM LTD v. TSUI LOI AND OTHERS

The court found the 1st and 3rd defendants guilty of contempt for making false statements verified by statements of truth which interfered with the administration of justice; having regard to perjury authorities, the seriousness of premeditation, personal circumstances and indemnity costs, the appropriate immediate custodial sentences were 5 months for the 1st defendant (concurrent for two proved complaints) and 6 months for the 3rd defendant; suspension was not appropriate.

Citation
KINFORM LTD v. TSUI LOI AND OTHERS
Parties
Plaintiff: Kinform Limited; 1st Defendant: Tsui Loi; 2nd Defendant: Choi Yee Fan; 3rd Defendant: Chow Wing Kun
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 August 2011
Case Number
DCMP947/2011
Procedural Posture
Committal for Contempt (contempt Proceedings) / Sentencing (reasons for Sentence)
Outcome
1st defendant (Tsui Loi) sentenced to 5 months imprisonment (to run concurrently for two proved counts); 3rd defendant (Chow Wing Kun) sentenced to 6 months imprisonment; sentences to be served immediately; 2nd defendant (Choi Yee Fan) not found guilty of contempt in this ruling.
Legal Topics
Statements of Truth, Sentencing, Indemnity Costs, Applicability of District Court Ordinance S.20
Source Language
EN
Contempt of Court Civil Procedure Criminal Law (perjury) Statements of Truth Sentencing Indemnity Costs Applicability of District Court Ordinance S.20

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Parties

Kinform Limited

Plaintiff

Tsui Loi

1st Defendant

Choi Yee Fan

2nd Defendant

Chow Wing Kun

3rd Defendant

Procedural Posture

Committal for Contempt (contempt Proceedings) / Sentencing (reasons for Sentence)

Legal Issues

  1. 1 Whether false statements verified by statements of truth constituted contempt of court
  2. 2 Appropriate punishment for contempt based on false statements and comparison to perjury sentencing
  3. 3 Whether District Court Ordinance s.20 caps sentence or applies to non‑face‑of‑court contempts

Ratio Decidendi

The court found the 1st and 3rd defendants guilty of contempt for making false statements verified by statements of truth which interfered with the administration of justice; having regard to perjury authorities, the seriousness of premeditation, personal circumstances and indemnity costs, the appropriate immediate custodial sentences were 5 months for the 1st defendant (concurrent for two proved complaints) and 6 months for the 3rd defendant; suspension was not appropriate.

Court Disposition

1st defendant (Tsui Loi) sentenced to 5 months imprisonment (to run concurrently for two proved counts); 3rd defendant (Chow Wing Kun) sentenced to 6 months imprisonment; sentences to be served immediately; 2nd defendant (Choi Yee Fan) not found guilty of contempt in this ruling.

Orders

  • 1st defendant sentenced to 5 months imprisonment; sentence to run concurrently for the two proved complaints
  • 3rd defendant sentenced to 6 months imprisonment