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Hong Kong Case Law

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Criminal law HKSAR v. YEUNG KWUN KUEN

HKSAR v. YEUNG KWUN KUEN

The Court of Appeal set aside a 28-month custodial sentence and replaced it with 2 years’ probation for a young offender with psychiatric conditions.

  • Theft
  • Obtaining property by deception
  • Sentencing mitigation
  • Psychiatric evidence
  • Legal aid refusal
  • Probation order
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Criminal law HKSAR v.YEUNG KWUN KUEN

HKSAR v.YEUNG KWUN KUEN

The Court of Appeal allowed a sentence appeal, quashed 28 months’ imprisonment, and substituted a 2-year probation order with psychiatric and supervisory conditions.

  • Theft
  • Obtaining property by deception
  • Probation order
  • Mitigation
  • Psychiatric evidence
  • Legal aid
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Criminal law HKSAR v. NGAI KING YING

HKSAR v. NGAI KING YING

The Court of First Instance allowed a criminal appeal against sentence, set aside a prison term, and substituted an 18-month probation order with treatment and supervision conditions.

  • Probation order
  • Conditions of probation
  • Rehabilitation
  • Re-sentencing
  • Probation-order
  • Sentencing-appeal
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Criminal law HKSAR v. LEUNG WAI MING

HKSAR v. LEUNG WAI MING

The appeal against sentence was allowed after a fresh probation report showed remorse and changed attitude, replacing detention centre time with 18 months’ probation.

  • Theft
  • Breach of trust
  • Detention centre order
  • Probation order
  • Variation of sentence on appeal
  • Sentencing
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Criminal law HKSAR v. SO OI KWAN

HKSAR v. SO OI KWAN

Appeal against sentence allowed: custody quashed and replaced with a 160-hour community service order for criminal damage.

  • Criminal damage
  • Sentencing mitigation
  • Community service order
  • Psychiatric reports
  • Probation report
  • First offender
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Criminal law HKSAR v. YU KIN LUN AND ANOTHER

HKSAR v. YU KIN LUN AND ANOTHER

The appeal against 14-day custodial sentences for common assault was allowed. Each appellant was instead ordered to complete 120 hours of community service.

  • Common assault
  • Community service order
  • Probation report
  • Sentence mitigation
  • Appeal against sentence
  • Common-assault
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Criminal law HKSAR v. MOK CHI HO

HKSAR v. MOK CHI HO

The High Court dismissed a juvenile appellant’s magistracy appeal, holding his guilty pleas and breach admissions were unequivocal and that Detention Centre was appropriate.

  • Indecent conduct (s.146 crimes ordinance)
  • Breach of probation
  • Detention centre sentence
  • Voluntariness of guilty plea
  • Young offenders assessment panel
  • Psychological reports
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Criminal law HKSAR v. LAM CHI KIT

HKSAR v. LAM CHI KIT

High Court appeal in a common assault case: the court held a Rehabilitation Centre Order was not necessary and substituted an 18-month Probation Order.

  • Common assault
  • Sentencing procedure
  • Rehabilitation centre orders
  • Probation orders
  • Role of pre-sentence reports
  • Common-assault
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Criminal law HKSAR v. WONG YIK HO

HKSAR v. WONG YIK HO

The Court of First Instance dismissed a magistracy appeal against a conviction for assault occasioning actual bodily harm and upheld the related probation breach finding.

  • Assault occasioning actual bodily harm
  • Probation breach
  • Appeal against conviction
  • Identification evidence
  • Criminal-law
  • Assault
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Criminal law HKSAR v. CHEUNG YIU KWAN

HKSAR v. CHEUNG YIU KWAN

The High Court dismissed the conviction appeals for theft and common assault, but reduced and restructured sentence after finding the assault term excessive.

  • Conviction appeal
  • Sentence appeal
  • Evidence and inferences
  • Specific intent
  • Totality principle
  • Breach of probation
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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.