SECRETARY FOR JUSTICE v. CHAN JEFFREY

SECRETARY FOR JUSTICE v. CHAN JEFFREY

Sentences were determined by assessing each respondent's role, conduct and personal circumstances: minor and non-violent participation merited suspended custodial sentences of one month or six weeks combined with fines (or no fine where personal circumstances dictated), whereas extensive, active involvement combined...

Source-derived case information.

Citation
[2018] HKCFI 2396
Parties
Applicant: Secretary for Justice; Respondent in HCMP 2917/2015: Siew Yun Long; Respondent in HCMP 2918/2015: Man For On; Respondent in HCMP 2919/2015: Lai Yu Sing; Respondent in HCMP 2920/2015: Law Wai Yan; Respondent in HCMP 2921/2015 and HCMP 575/2018: Chan Jeffrey; Respondent in HCMP 2922/2015: Chan Wai Fung; Respondent in HCMP 2924/2015: Chu Sui Ying; Respondent in HCMP 2925/2015: Yung Yiu Sing; Respondent in HCMP 2926/2015: Wong Ka Yee; Respondent in HCMP 2927/2015: Kong Kam To; Respondent in HCMP 2928/2015: Chan Ao Tien; Respondent in HCMP 2929/2015: Chan Pak Tao; Respondent in HCMP 2930/2015: Chan Wing Wah; Respondent in HCMP 2931/2015: Lou Tit Man; Respondent in HCMP 2932/2015: Leung Hon Lam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 October 2018
Case Number
HCMP575/2018
Procedural Posture
Committal Application (hcmp Miscellaneous Proceedings) / Sentence (reasons for Sentence Delivered)
Outcome
Sentences and fines imposed as specified for each respondent; costs awarded to applicant on indemnity basis with certificate for three counsel; respondents' own costs taxed under Legal Aid Regulations except Mr Lai Yu Sing.
Legal Topics
Committal, Suspended Sentence, Fines, Costs, Mitigation
Source Language
en
Contempt of Court Criminal Law Sentencing Committal Suspended Sentence Fines Costs Mitigation

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Parties

Secretary for Justice

Applicant

Siew Yun Long

Respondent in HCMP 2917/2015

Man For On

Respondent in HCMP 2918/2015

Lai Yu Sing

Respondent in HCMP 2919/2015

Law Wai Yan

Respondent in HCMP 2920/2015

Chan Jeffrey

Respondent in HCMP 2921/2015 and HCMP 575/2018

Chan Wai Fung

Respondent in HCMP 2922/2015

Chu Sui Ying

Respondent in HCMP 2924/2015

Yung Yiu Sing

Respondent in HCMP 2925/2015

Wong Ka Yee

Respondent in HCMP 2926/2015

Kong Kam To

Respondent in HCMP 2927/2015

Chan Ao Tien

Respondent in HCMP 2928/2015

Chan Pak Tao

Respondent in HCMP 2929/2015

Chan Wing Wah

Respondent in HCMP 2930/2015

Lou Tit Man

Respondent in HCMP 2931/2015

Leung Hon Lam

Respondent in HCMP 2932/2015

Procedural Posture

Committal Application (hcmp Miscellaneous Proceedings) / Sentence (reasons for Sentence Delivered)

Legal Issues

  1. 1 Appropriate sentence for contempt/breach of court order
  2. 2 Whether to impose immediate custody or suspended sentence
  3. 3 Quantum of fines relative to role and means

Ratio Decidendi

Sentences were determined by assessing each respondent's role, conduct and personal circumstances: minor and non-violent participation merited suspended custodial sentences of one month or six weeks combined with fines (or no fine where personal circumstances dictated), whereas extensive, active involvement combined with conviction after trial justified immediate custody (four months for Lou Tit Man); costs awarded to the applicant including indemnity basis with certificate for three counsel and taxation of respondents' own costs except as specified.

Court Disposition

Sentences and fines imposed as specified for each respondent; costs awarded to applicant on indemnity basis with certificate for three counsel; respondents' own costs taxed under Legal Aid Regulations except Mr Lai Yu Sing.

Orders

  • Siew Yun Long: fined HKD 15000; imprisonment 6 weeks, suspended for 12 months; payment period 3 months; default custody 6 weeks.
  • Man For On: fined HKD 15000; imprisonment 6 weeks, suspended for 12 months; payment period 6 months; default custody 6 weeks.