Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Banking ordinance compliance

Legal area

Court

2 Mar 1999

SECRETARY FOR JUSTICE v. CHAN YING MING

Citation

SECRETARY FOR JUSTICE v. CHAN YING MING
Court

Court of Appeal
Case number

CAAR13/1998

The Court of Appeal held the original sentence was manifestly inadequate given the seriousness, scale (approximately HKD 100,000,000 and hundreds of depositors) and need for deterrence; it set a proper starting point of four years, allowed a one-third reduction for the guilty plea and a further three-month reduction, and substituted a sentence of 29 months' imprisonment while upholding the criminal bankruptcy order under s84A(3).
31 Oct 1990

THE QUEEN v. PAUL KIN SEN, LIWANPO

Citation

THE QUEEN v. PAUL KIN SEN, LIWANPO
Court

Court of Appeal
Case number

CACC73/1989

The trial judge's directions were legally adequate: independent facts and circumstances from which knowledge could be inferred were properly identified as capable of corroborating accomplice testimony; the judge did not usurp the jury's function because he left the drawing of the inference to the jury. Convictions were therefore upheld. Sentences were varied on appeal to concurrent terms of five years' imprisonment to reflect appropriate exercise of sentencing discretion given the circumstances and statutory position.