HKSAR v. TANG CHI MING, THOMAS AND ANOTHER

HKSAR v. TANG CHI MING, THOMAS AND ANOTHER

The application for a certificate was refused because the court considered the law in Hong Kong settled that most if not all of the R v Brown factors must be present for a community services order and the remorse issue did not raise a certifiable point of law of great and general importance.

Source-derived case information.

Citation
HKSAR v. TANG CHI MING, THOMAS AND ANOTHER
Parties
Respondent: HKSAR; Appellant: TANG CHI MING, THOMAS
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 December 2007
Case Number
HCMA249/2007
Procedural Posture
Magistracy Appeal (on Appeal From KTCC 4046 of 2006) / Application for Certificate to the Court of Final Appeal
Outcome
Application for certificate to appeal to the Court of Final Appeal refused
Legal Topics
Community Service Order, Remorse in Sentencing, Certification to Court of Final Appeal, R V Brown Factors
Source Language
en
Criminal Law Sentencing Appeals Procedure Community Service Order Remorse in Sentencing Certification to Court of Final Appeal R V Brown Factors

Source-derived case record

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Parties

HKSAR

Respondent

TANG CHI MING, THOMAS

Appellant

Procedural Posture

Magistracy Appeal (on Appeal From KTCC 4046 of 2006) / Application for Certificate to the Court of Final Appeal

Legal Issues

  1. 1 Whether all factors set out in R v Brown (1981) 3 Cr.App.R.(S) 294 at 295 must be present before a Hong Kong court can consider a community services order
  2. 2 What constitutes remorse where a convicted offender continues to assert innocence during sentencing

Ratio Decidendi

The application for a certificate was refused because the court considered the law in Hong Kong settled that most if not all of the R v Brown factors must be present for a community services order and the remorse issue did not raise a certifiable point of law of great and general importance.

Court Disposition

Application for certificate to appeal to the Court of Final Appeal refused

Orders

  • Certificate to the Court of Final Appeal refused