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Hong Kong decisions
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On the whole evidence the credible undercover eyewitness (PW1) and the expert (PW2) established that the gathering was a triad society activity and that the appellant knowingly participated; the conviction was therefore safe on rehearing; sentencing, while requiring deterrence, warranted reduction in light of personal mitigation and remote non-custodial record.
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香港上訴法庭駁回就量刑提出的上訴，維持5年監禁刑期，認為涉案網上購物詐騙屬有組織、涉及多名受害人的嚴重罪行。
The Court of Appeal dismissed a sentencing appeal over organized online frauds, holding that a 5-year total sentence was not manifestly excessive or wrong in principle.
Given the volume and pattern of transactions, the cross‑border recruitment and facilitation, and the public harm from widespread fraud and money‑laundering, the appropriate starting point is 42 months' imprisonment; guilty plea warranted a one‑third reduction to 28 months; prosecution's s27(2) uplift of 25% was appropriate and increases the sentence to 35 months. Two counts to run concurrently.
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Court identified baseline sentences for each offence (triad membership 15 or 9 months depending on role; assault causing actual bodily harm 9 months; arson 36 months; failure to surrender 3 months), applied a one‑third reduction for timely guilty pleas, and then further adjusted sentences to reflect proven prosecutorial delay and individual mitigation. For less culpable participants and where delay and rehabilitation justified it, custodial terms were suspended; for serious arson the custodial element was maintained with partial concurrent execution and a compensation order imposed.
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法庭根據各罪之既定量刑基準，並綜合考慮罪行性質、被告在犯罪中的角色、使用武器及傷勢、被告的認罪及個人背景，及案件存在多年檢控延誤等減刑因素，故對部分被告減低量刑基準並在若干個案下改為緩刑或下調刑期；縱火罪由於公共利益重大但案情非最嚴重類別，故採取36個月為基準再減至18個月，並就各被告分別確定並下達即時或緩刑及賠償命令。
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The Court of Appeal granted leave to appeal against a 5-year sentence for internet fraud and related offences, finding arguable issues on starting points, totality and sentence uplift.
基於兩宗針對年長受害人的嚴重有組織詐騙、上訴人在感化期間再犯及與三合會根深蒂固的聯繫，裁判官在衡量所有報告與更生前景後並無法律或事實錯誤，教導所羈留為最合適且不算過重，故維持原判。
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Leave to appeal was refused because the trial judge correctly excluded the seized goods from proceeds, properly assessed realisable assets after rejecting unsupported claims of third‑party ownership, and there was no arguable error of law or principle; A1 withdrew his appeal and A2 presented only misunderstandings of the statutory calculation which do not merit leave.
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Leave to appeal was refused because the trial judge lawfully applied relevant principles: the prosecution evidence supported treating online shopping fraud as sufficiently prevalent to justify a deterrent uplift under the Organized and Serious Crimes Ordinance, sentencing starting points and a 30% uplift were within reasonable bounds, and the overall aggregate sentences respected the totality principle; A1 raised no arguable ground and A2 withdrew his application.
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