Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Benefit fraud

  • 17 Jun 2022

    香港特別行政區 訴 楊曉萍

    Citation
    [2022] HKCFI 1811
    Court
    Court of First Instance
    Case number
    HCMA92/2022

    The appeal was dismissed because the trial judge lawfully found deliberate and persistent concealment spanning seven years resulting in over HK$188,061.10 fraud; applying the Leung Wai-kee sentencing bands produced a 20‑month starting point, reduced by two months for restitution and clean record to 18 months, a sentence within the established 15–24 month range for HK$100,000–HK$200,000 and therefore not manifestly excessive.

  • 20 Jan 2021

    香港特別行政區 訴 黃淑珍及另一人

    Citation
    [2021] HKCA 94
    Court
    Court of Appeal
    Case number
    CACC14/2020

    Leave to appeal as to conviction was granted for A1 because her grounds were reasonably arguable; A1's sentence appeal was refused because there was no error in principle or manifest excess. For A2, grounds alleging lack of knowledge (grounds 1 and 2) were rejected as not reasonably arguable on the evidence, but grounds 3 and 4 challenging the true nature of the company allowance and its impact on the dishonesty element were sufficiently arguable to grant leave to appeal on those points.

  • 26 Sept 2013

    香港特別行政區 訴 黃沃新

    Citation
    香港特別行政區 訴 黃沃新
    Court
    Court of First Instance
    Case number
    HCMA349/2013

    The High Court allowed the appeal in part because the magistrate did not adequately separate the establishment of a sentencing starting point from the assessment of mitigating discounts and did not clearly account for the appellant's voluntary disclosure and partial repayment; having regard to the aggregate amount, duration and seriousness immediate custody remained appropriate but the overall sentence was reduced by two months to reflect mitigation, resulting in an 8-month immediate sentence.