HKSAR v. NG WAN LUNG

HKSAR v. NG WAN LUNG

The Court upheld the magistrate's detention and compensation orders because section 98 authorises a compensation order up to $100,000 including when combined with detention, the magistrate made proper enquiries into the appellant's means and set a finite instalment schedule, and the appellant had the opportunity to make restitution but did not.

Citation
HKSAR v. NG WAN LUNG
Parties
Respondent: HKSAR; Appellant: NG WAN LUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 September 2000
Case Number
HCMA853/2000
Procedural Posture
Magistracy Criminal Appeal to the Court of First Instance / Determination on Appeal Against Detention Centre Sentence and Compensation Order (judgment)
Outcome
Appeal dismissed; detention centre sentence and compensation order upheld.
Legal Topics
Theft, Compensation Order Under Section 98, Detention Centre Sentence, Restitution, Co‑offender Liability
Source Language
EN
Criminal Law Sentencing Magistrates' Courts Procedure Restitution/compensation Theft Compensation Order Under Section 98 Detention Centre Sentence Restitution +1 more

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Parties

HKSAR

Respondent

NG WAN LUNG

Appellant

Procedural Posture

Magistracy Criminal Appeal to the Court of First Instance / Determination on Appeal Against Detention Centre Sentence and Compensation Order (judgment)

Legal Issues

  1. 1 Whether the detention centre sentence was appropriate
  2. 2 Whether a compensation order of $70,960 could be validly made alongside detention
  3. 3 Whether the appellant can be ordered to pay the whole compensation despite co‑offenders

Ratio Decidendi

The Court upheld the magistrate's detention and compensation orders because section 98 authorises a compensation order up to $100,000 including when combined with detention, the magistrate made proper enquiries into the appellant's means and set a finite instalment schedule, and the appellant had the opportunity to make restitution but did not.

Court Disposition

Appeal dismissed; detention centre sentence and compensation order upheld.

Orders

  • Appeal dismissed.
  • Detention Centre Order affirmed.