Hong Kong Case Law: Decisions & Judgments

Topic

Breach of bond

Legal area

Court

24 Apr 1978

CHAN WING KEI v. THE QUEEN

Citation

CHAN WING KEI v. THE QUEEN
Court

Court of Appeal
Case number

CACC334/1978

The original magistrate erred in imposing a $500 fine together with a conditional discharge under s36(1)(b), which is intended for nominal punishment by recognizance; the second magistrate erred in imposing an additional term of imprisonment for non‑payment (a double penalty) and imposing four months for the original offence which was disproportionate given the circumstances; therefore the imprisonment sentences were quashed and the partial payment refunded.
13 Jun 1977

CHUNG WAI-TONG v. THE QUEEN

Citation

CHUNG WAI-TONG v. THE QUEEN
Court

Court of Appeal
Case number

CACC527/1977

The appeal was allowed because the Training Centre sentence was not justified on the facts: the appellant's limited record and offences did not warrant that form of custodial training and a procedural mix‑up concerning short prison terms and statutory ineligibility undermined the magistrate's decision; the Training Centre sentence was set aside and substituted with a term of imprisonment permitting immediate discharge.
26 Feb 1975

LI DIN-WAH v. THE QUEEN

Citation

LI DIN-WAH v. THE QUEEN
Court

Court of Appeal
Case number

CACC113/1975

Given the minor prior record, the court held that the police supervision order and the sentence for breach of bond were inappropriate and quashed them, and ordered the two-month sentence for the prior unlawful possession to run concurrently with the six-month sentence for the present theft offence, thereby reducing total imprisonment to six months.
11 Apr 1973

TSOI TAK FAI v. THE QUEEN

Citation

TSOI TAK FAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC224/1973

The court held that the aggregate sentence of sixteen months was manifestly excessive; it reduced the sentence for going equipped for stealing to the established norm of six months and adjusted concurrency so that the overall term became nine months, while affirming that prior leniency is relevant but did not justify the original aggregate sentence.
13 Dec 1971

CHAN SHUI YIN v. THE QUEEN

Citation

CHAN SHUI YIN v. THE QUEEN
Court

Court of Appeal
Case number

CACC764/1971

The appeal against the nine month sentence was dismissed as lacking merit; the court substituted for the magistrate and sentenced the appellant to one month's imprisonment for the earlier offence, ordered the $300 bond forfeited and two weeks imprisonment in default, and directed that all terms of imprisonment be consecutive.

Hong Kong Case Law

CHAN WING KEI v. THE QUEEN

CHUNG WAI-TONG v. THE QUEEN

LI DIN-WAH v. THE QUEEN

TSOI TAK FAI v. THE QUEEN

CHAN SHUI YIN v. THE QUEEN