Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Cssa overpayment

  • 25 May 2017

    HKSAR v. SHUM CHI KWONG

    Citation
    HKSAR v. SHUM CHI KWONG
    Court
    Court of First Instance
    Case number
    HCMA482/2016

    The magistrate's findings that the appellant's plea was voluntary and unequivocal, that prosecution witnesses were honest and the appellant and his wife were unreliable, were not shown to be flagrantly unreasonable; the appellant failed to discharge the evidential burden to show inducement and his claim of ignorance of his wife's long‑term employment was inherently implausible, therefore the conviction stands.

  • 18 Feb 2015

    HKSAR v. LI SHUJIN

    Citation
    HKSAR v. LI SHUJIN
    Court
    Court of First Instance
    Case number
    HCMA700/2014

    The magistrate's sentencing exercise was within principled judicial discretion: he adopted a generous starting point below the Court of Appeal guideline, gave appropriate discounts for plea, clear record, age and ill health, and reasonably concluded that repayments and the use of funds did not justify further reduction or suspension; the resulting 10 months' imprisonment was not wrong in principle nor manifestly excessive, and the appeal is dismissed.

  • 21 Feb 2001

    HKSAR v. CHAN MING KUEN

    Citation
    HKSAR v. CHAN MING KUEN
    Court
    Court of First Instance
    Case number
    HCMA1244/2000

    The appeal was dismissed because the magistrate's sentence was within the acceptable range given the seriousness of the offences, the need for deterrence in social security fraud, applicable precedents, the mitigation allowed for the guilty plea and repayment, and because no new material was produced to justify reducing the sentence.