Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appellate interference standard

Legal area

Court

3 Dec 2002

HKSAR v. KWOK PAK SING

Citation

HKSAR v. KWOK PAK SING
Court

Court of First Instance
Case number

HCMA980/2002

The magistrate's sentence and fines were appropriate and within the established sentencing range for openly conducted obscene VCD offences; guilty plea discounts and lawful overlap for totality were correctly applied; the provenance of bail money supported taking fines from it; the appellant advanced no credible argument to justify interference, therefore the appeal is dismissed and the orders are confirmed.
18 Jan 2002

HKSAR v.YEUNG BIK SHAN

Citation

HKSAR v.YEUNG BIK SHAN
Court

Court of First Instance
Case number

HCMA1183/2001

The appeal was dismissed because the Magistrate's low fine of HK$25,000 was a fair exercise of discretion given the facts and mitigation; the additional prospective appointment and listing matters were irrelevant and would not justify interference; absent manifest excess or error in principle the court will not alter sentence.