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Hong Kong Case Law

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Criminal law [2018] HKCFI 1258

HKSAR v. Butt Muhammad ATEEQ

The High Court allowed a magistracy appeal against a conviction for possessing another person’s identity card, holding the conviction was unsafe and quashing it.

  • Possession of identity card
  • Admissibility of admissions
  • Safety of conviction on appeal
  • Rehearing standard
  • Criminal-appeal
  • Evidence
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Criminal law HKSAR v. SINGH, BIKRAM

HKSAR v. SINGH, BIKRAM

Appeal against sentence dismissed. The High Court upheld 18 months’ imprisonment for possession of another person’s identity card and its consecutive operation.

  • Possession of identity card belonging to another
  • Sentencing guidelines and starting points
  • Consecutive sentences
  • Mitigation and family hardship
  • Sentencing
  • Consecutive-sentences
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Criminal law HKSAR v. LEONARDA MILLO SIMON

HKSAR v. LEONARDA MILLO SIMON

The Court of First Instance dismissed a sentence appeal by Leonarda Millo Simon, upholding 20 months’ imprisonment for identity card possession and overstaying.

  • Possession of identity card of another person
  • Breach of condition of stay (overstay)
  • Sentence appeal
  • Consecutive sentencing
  • Sentence-appeal
  • Identity-documents
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Criminal law HKSAR v. ASADHORE MOHAMAD FALEEL

HKSAR v. ASADHORE MOHAMAD FALEEL

The appeal against conviction and sentence was dismissed. The court upheld findings that the appellant possessed another person’s identity card and overstayed by one day.

  • Possession of identity card belonging to another
  • Breach of condition of stay (overstaying)
  • Credibility and mens rea
  • Sentence appeal
  • Identity-documents
  • Immigration-offences
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Immigration law HKSAR v. AQUINO, CHRISTINA T.

HKSAR v. AQUINO, CHRISTINA T.

On sentence appeal, the High Court held that surrender to immigration authorities was mitigating even if not motivated by remorse, and reduced the total sentence from 18 to 12 months.

  • Surrender to authorities
  • Sentencing mitigation
  • Use of forged travel/identity documents
  • Breach of condition of stay
  • Concurrent and consecutive sentencing
  • Guilty plea
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Criminal law HKSAR v. MAK KIN YU

HKSAR v. MAK KIN YU

The High Court dismissed a sentence appeal by Mak Kin Yu, upholding 15 months’ imprisonment for possession of another person’s identity card and finding no sentencing error.

  • Possession of another person's identity card
  • Registration of persons ordinance s.7a(1a)
  • Mitigation in sentencing
  • Application of r v lau chung kwan guidelines
  • Sentencing-appeal
  • Identity-documents-law
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Criminal law THE QUEEN v. LEUNG YING TUEN

THE QUEEN v. LEUNG YING TUEN

The appellant challenged a magistrates’ conviction under s.7A of the Registration of Persons Ordinance. The court found a material misapprehension of evidence and quashed the conviction.

  • Registration of persons ordinance s.7a
  • Use of another person's identity card
  • Mens rea and guilty intent
  • Standard of proof beyond reasonable doubt
  • Appellate review for misapprehension of evidence
  • Identity-documents-law
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Immigration law THE QUEEN v. OR CHUN PING AND OTHERS

THE QUEEN v. OR CHUN PING AND OTHERS

上訴法院裁定,四名上訴人就非法逗留及使用他人身份證的罪行,原判刑過重,全部改判各項罪名同期監禁15個月。

  • Illegal entry
  • Use of another's identity card
  • Sentencing principles
  • Executive repatriation policy impact on sentencing
  • Sentencing
  • Immigration-offences
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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.