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Hong Kong Case Law

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Criminal law [2025] HKCA 517

HKSAR v. HA BUT YEE

The Court of Appeal refused a certificate under s 32(2) of the CFA Ordinance, holding the questions did not arise or were not arguable because the applicant was bound by his guilty plea and agreed facts.

  • Organized and serious crimes ordinance (osco)
  • Prevention of bribery ordinance (pobo)
  • Court of final appeal certificate (s32(2) cap 484)
  • Binding effect of summary of facts on plea
  • Definition of 'proceeds' under osco
  • Confiscation-orders
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Criminal law [2020] HKCA 470

HKSAR v. MOHAMMED SAIF

The Court of Appeal refused leave to appeal against sentence in a drug trafficking case, holding the 44.2% discount for assistance was adequate and the fresh evidence unhelpful.

  • Assistance to authorities
  • Discount for cooperation
  • Manifestly excessive sentence
  • Fresh evidence on appeal
  • Controlled delivery
  • Criminal-sentencing
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Criminal law HKSAR v. AMARJIT, SINGH

HKSAR v. AMARJIT, SINGH

Appeal against sentence dismissed. The High Court upheld 15 months’ imprisonment for using a forged ID card and refused credit for 89 days’ administrative detention.

  • Use of forged identity document
  • Credit for pre-trial/administrative detention
  • Mitigation and humanitarian grounds
  • Statutory interpretation of s67a cpo
  • Forged-identity-document
  • Sentencing
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Criminal law HKSAR v. WONG LOK FU MICHAEL

HKSAR v. WONG LOK FU MICHAEL

The Court of First Instance allowed a sentence appeal in part, finding the original sentence manifestly excessive and reducing the driving disqualification.

  • Failure to provide breath specimen
  • Drink driving
  • Community service order
  • Remand in custody pending reports
  • Driving disqualification
  • Sentence appeal
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Criminal law LAW KWOK-WAH v. THE QUEEN

LAW KWOK-WAH v. THE QUEEN

Appeal against sentence in a burglary case. The Court of Appeal advised caution before taking charges into consideration, but upheld the two-year sentence.

  • Taking offences into consideration
  • Plea procedure
  • Jurisdiction to try offences
  • Record of reasons for not trying charges
  • Criminal-law
  • Sentencing-procedure
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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.