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Hong Kong Case Law

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Criminal law HKSAR v. SHIH TIAN LIANG

HKSAR v. SHIH TIAN LIANG

The Court of First Instance allowed a magistracy appeal against sentence, substituting 150 hours’ community service for four months’ imprisonment for use of a false instrument.

  • Use of false instrument under section 74 crimes ordinance
  • Appropriate sentencing options for dishonesty offences
  • Mitigation by good character and age
  • Suspended sentence versus community service
  • Sentencing
  • False-instrument
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Criminal law HKSAR v. SO OI KWAN

HKSAR v. SO OI KWAN

Appeal against sentence allowed: custody quashed and replaced with a 160-hour community service order for criminal damage.

  • Criminal damage
  • Sentencing mitigation
  • Community service order
  • Psychiatric reports
  • Probation report
  • First offender
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Criminal law HKSAR v. YU KIN LUN AND ANOTHER

HKSAR v. YU KIN LUN AND ANOTHER

The appeal against 14-day custodial sentences for common assault was allowed. Each appellant was instead ordered to complete 120 hours of community service.

  • Common assault
  • Community service order
  • Probation report
  • Sentence mitigation
  • Appeal against sentence
  • Common-assault
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Criminal law HKSAR v. FOK LING

HKSAR v. FOK LING

Appeal against sentence for theft. The court set aside a four-month custodial sentence and adjourned for a probation report on community service suitability.

  • Appeal against sentence
  • Previous convictions
  • Probation
  • Rehabilitation
  • Public safety
  • Appeal-against-sentence
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Criminal law HKSAR v. CHEUNG KOON LAP

HKSAR v. CHEUNG KOON LAP

The court dismissed a sentence appeal, holding that community service was inappropriate for a premeditated assault and false police report, and that 4 months’ imprisonment was not excessive.

  • Assault occasioning actual bodily harm
  • Misleading police
  • Sentencing principles
  • Community service suitability
  • Criminal-sentencing
  • Community-service-orders
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Criminal law HKSAR v. TSANG KA MING

HKSAR v. TSANG KA MING

The High Court allowed a magistracy appeal and substituted 120 hours’ community service for a short custodial sentence in a credit-card deception case.

  • Credit card fraud
  • Obtaining property by deception
  • Attempted obtaining of property
  • Mitigating factors in sentencing
  • Role of co-offender
  • Appeal against sentence
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Criminal law R. v. WU MAN LAI

R. v. WU MAN LAI

High Court criminal appeal on sentence: the court held that committal for non-payment of compensation was defective without enquiry into means, and credited time already served.

  • Sentencing principles
  • Default imprisonment
  • Enquiry into means
  • Credit for time served
  • Section 68 magistrates ordinance
  • Sentencing-principles
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About this LexChat collection

Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.