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Hong Kong decisions
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The appeal was dismissed because hearing notices had been sent and were effectively served, the appellant was absent without justification or contact, the appeal lacked any arguable principled error or manifestly excessive sentence, and the case should not be further delayed.
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The trial judge lawfully rejected the appellant's evidence, accepted the prosecution evidence that the appellant knew the nature of the spring steel baton and had no honest and reasonable belief it was a flagpole, and there was sufficient evidence to convict under s33 of the Public Order Ordinance; appeal dismissed.
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The trial judge rationally rejected the appellant's work‑use explanation, accepted expert evidence that the laser pen could injure eyes at up to 40 metres, and found the appellant's appearance at protest sites with the pen and other items demonstrated preparedness to use it as a weapon; those findings supported conviction under Public Order Ordinance s33(1) and (2) and warranted dismissal of the appeal.
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The High Court dismissed an appeal against sentence for possession of an offensive weapon, upholding imprisonment and a fine after finding no error in principle.
The magistrate's use of a 12‑month starting point, reduced by one‑third to 8 months for the guilty plea, was appropriate given the device's high voltage, its intimidating characteristics and the appellant's serious record; the sentence is not manifestly excessive and the appeal is dismissed.
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The trial judge's factual findings on credibility and voluntariness were careful and reasonable; the evidence established the appellant did not own the bicycle and took it (theft) and was in public possession of an offensive knife; no imminent danger justified self‑defence; accordingly the convictions were safe and must be upheld.
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The High Court upheld an 8-month sentence for possession of an offensive weapon, finding it was not manifestly excessive despite the appellant’s guilty plea and claimed family hardship.
Given appellant admitted the weapons were in the flat when he moved in, held keys, observed the weapons stored beside his bed, received information from the owner that the knives would be used to attack triad members, and the weapons' condition and packaging pointed to illegal use, the only reasonable inference was that he had custody/control and intent to use them unlawfully; conviction was therefore safe and must be upheld.
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The Court of Appeal held that the identity-card sentence should run concurrently with the unlawful remaining sentence, reducing the total sentence by 6 months.
Court of Appeal reduced sentences for two stun-gun offences as manifestly excessive, but upheld the overall imprisonment total after applying the totality principle.
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