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Hong Kong Case Law

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Criminal law LAM SEE CHUNG, STEVEN

LAM SEE CHUNG, STEVEN

The Court of First Instance dismissed four magistracy sentence appeals, holding that the magistrate had properly applied totality and relevant sentencing principles.

  • Totality principle
  • Concurrent and consecutive sentences
  • Guilty plea discount
  • Reference to higher court under magistrates ordinance s118(d)
  • Assessment of starting point for aggregate sentence
  • Totality-principle
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Criminal law HKSAR v. CHAN KING WAN

HKSAR v. CHAN KING WAN

The High Court dismissed the conviction appeal in a magistracy appeal over a false instrument and deception charge, but allowed the sentence appeal and substituted 200 hours of community service.

  • Use of false instrument
  • Obtaining pecuniary advantage by deception
  • Credibility assessment
  • Community service orders
  • Sentencing principles
  • False-instrument
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Criminal law HKSAR v. CHUNG CHUEK WAI, ALLEN

HKSAR v. CHUNG CHUEK WAI, ALLEN

The appeal against conviction was dismissed. The sentence was reduced in effect by suspending the 8-month term for 2 years, with restitution treated as mitigation.

  • Procuring execution of valuable security by deception
  • Theft of a thing in action
  • Dishonesty test (ghosh)
  • Accomplice evidence
  • Restitution as mitigation
  • Suspended sentence
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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 HKSAR v. CHAN MING YEUNG ALEXIS

HKSAR v. CHAN MING YEUNG ALEXIS

The appeal against discharge of probation and a Training Centre sentence was dismissed. The court held that the appellant’s non-cooperation and forged document justified the result.

  • Discharge of probation order
  • Breach of probation
  • Sentencing to training centre
  • Community service order
  • Psychological assessment
  • Use of forged documents
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Criminal law HKSAR v. LI TING KIT

HKSAR v. LI TING KIT

The Court of Appeal upheld LI Ting-kit’s theft convictions, holding that s. 6(3) of the Theft Ordinance applied and that any omission was cured by the proviso.

  • Choses in action
  • S.6(3) theft ordinance
  • Evasion of liability by deception s.18b(1)(b)
  • Amendment of charges s.83a cpo
  • Preddy principle
  • Dishonesty (ghosh test)
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Criminal law HKSAR v. WONG CHI LAI, JEFF

HKSAR v. WONG CHI LAI, JEFF

The Court of Appeal substituted convictions under s.83A after finding Preddy issues with the original deception charges, while leaving the effective sentence unchanged.

  • Attempting to obtain by deception
  • Substitution of charges (s.83a cpo)
  • Thing in action theft
  • Applicability of r v preddy
  • Concurrent and consecutive sentencing
  • Substitution-of-charges
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Criminal law HKSAR v. JAMES MENLOR

HKSAR v. JAMES MENLOR

The Court of Appeal dismissed an application for leave to appeal against a conviction for attempting to obtain property by deception, upholding findings of falsity and dishonesty.

  • Attempt to obtain property by deception
  • Dishonesty and belief
  • Inference from circumstantial evidence
  • Undercover police operations
  • Sufficiency of evidence for conviction
  • Attempt-to-obtain-property-by-deception
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Theft ordinance HKSAR v. GERALD MARTIN SORDELET and Another

HKSAR v. GERALD MARTIN SORDELET and Another

The Court of Appeal refused leave to appeal sentence, upholding three-year prison terms for a sophisticated attempted deception involving US$1 million.

  • Attempted obtaining property by deception
  • Starting point for sentence
  • Guilty plea discount
  • Entrapment
  • Mitigation for early termination of scheme
  • Deterrence in commercial centre
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Criminal law THE QUEEN v. CHEN YUEH-LING

THE QUEEN v. CHEN YUEH-LING

The Court of Appeal reduced and suspended a sentence for theft and deception, holding the trial judge misapplied totality and failed to assess each count separately.

  • Sentencing
  • Suspension of sentence
  • Totality principle
  • Good character mitigation
  • Guilty plea
  • Consecutive sentences
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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.