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Hong Kong Case Law

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Family law [2022] HKFC 72

M,B v. S,S

The court granted the mother sole custody and sole care and control, allowed limited supervised centre-based access and video contact, and continued protective orders.

  • Custody
  • Care and control
  • Access
  • Non-molestation order
  • Authorization of arrest
  • Supervised access
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Criminal law HKSAR v. PINEDA ANTONIO LADORES AND OTHERS

HKSAR v. PINEDA ANTONIO LADORES AND OTHERS

The Court of Appeal dismissed D2’s conviction appeal, allowed his sentence appeal, and refused D5’s bid to reopen an abandoned appeal.

  • Theft
  • Party liability for theft
  • Sentencing uplift for organised crime
  • Leave to appeal
  • Abandonment of appeal
  • Section 83w criminal procedure ordinance (loss of time)
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Criminal law HKSAR v. CHAN TAI WAI DAVID

HKSAR v. CHAN TAI WAI DAVID

The Court of Appeal dismissed an application for leave to appeal against a 4 years 4 months sentence for seven theft charges involving almost $5 million.

  • Re-offending
  • Voluntary surrender
  • Mitigation (family circumstances)
  • Starting point and discounts for guilty plea
  • Concurrent sentences
  • Breach of trust
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Criminal law HKSAR v. GABRIEL, MALOU LANTIN

HKSAR v. GABRIEL, MALOU LANTIN

The High Court dismissed a sentence appeal by an offender who pleaded guilty to breach of deportation order and theft, upholding 26 months' effective imprisonment.

  • Breach of deportation order
  • Theft (pickpocketing)
  • Consecutive sentences
  • Totality principle
  • Guilty plea discount
  • Criminal-sentencing
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Criminal law R. v. JEFFREY SAVAGE

R. v. JEFFREY SAVAGE

The Court of Appeal set aside a Drug Addiction Treatment Centre order and substituted concurrent 6-month prison terms, so the appellant would serve the custodial sentence and then be deported.

  • Sentencing concurrency vs datc orders
  • Drug addiction treatment centre orders
  • Deportation effect on rehabilitation supervision
  • Duty to consolidate related charges
  • Sentencing
  • Drug-addiction-treatment-centre-orders
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Criminal law R. v. CORAZON S. DUAZO

R. v. CORAZON S. DUAZO

On appeal, the sentence for pickpocketing and breach of a deportation order was reduced after the court held that a proper guilty-plea discount should have been given.

  • Pickpocketing
  • Guilty plea discount
  • Totality principle
  • Previous convictions relevance
  • Sentencing starting point
  • Guilty-plea-discount
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Criminal law LORRAINE MARY LANGRIDGE v. THE QUEEN

LORRAINE MARY LANGRIDGE v. THE QUEEN

The appeal against a two-year sentence for trafficking in dangerous drugs was allowed in part, and the sentence was reduced to 15 months.

  • Trafficking in dangerous drugs
  • Possession of dangerous drugs
  • Sentence mitigation
  • First offender status
  • Prison conditions for foreign nationals
  • Sentencing
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Criminal law LI WAH v. THE QUEEN

LI WAH v. THE QUEEN

The appeal against concurrent two-year sentences for robbery with aggravation was dismissed. The court also held it could not hear an appeal against a Governor-in-Council police supervision order.

  • Robbery with aggravation
  • Police supervision order
  • Executive act non-appealable
  • Previous convictions
  • Concurrent sentences
  • Robbery-with-aggravation
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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.