Hong Kong Case Law: Decisions & Judgments

Topic

Coercion/duress

Legal area

Court

19 Mar 2020

HO YIK HUNG, a bankrupt v. FRED LEE and CHOW WAI LAN, CHRISTINE joint and several trustees of the property of HO YIK HUNG, a bankrupt

Citation

[2020] HKCFI 437
Court

Court of First Instance
Case number

HCB3528/2019

The summons is dismissed because the court will not decide coercion on affidavit evidence, the trustees are not enforcing the signed document and will assess a reasonable monthly repayment (approximately HK$2,500), and section 83 of the Bankruptcy Ordinance is not engaged absent a definitive trustees' decision.
6 Oct 1995

R. v. CHIU MAN HUNG

Citation

R. v. CHIU MAN HUNG
Court

Court of Appeal
Case number

CACC230/1995

The Court refused to interfere with the sentence because, applying established sentencing principles and the need for deterrence in illegal immigration cases, the sentence of three years and eleven months was appropriate and in fact lenient; the applicant's family and coercion claims were insufficient to justify reduction despite the trial judge's failure to state the starting point explicitly.
29 Mar 1972

CHAN YUET-LING v. THE QUEEN

Citation

CHAN YUET-LING v. THE QUEEN
Court

Court of Appeal
Case number

CACC27/1972

Given additional evidence of coercion/seduction, the parents' responsible undertaking to continue the appellant's education and remove her from bad influences, and her consistently good conduct while detained, it was proper to vary the Magistrate's training centre order and substitute a two-year probation order with specified conditions.

Hong Kong Case Law

HO YIK HUNG, a bankrupt v. FRED LEE and CHOW WAI LAN, CHRISTINE joint and several trustees of the property of HO YIK HUNG, a bankrupt

R. v. CHIU MAN HUNG

CHAN YUET-LING v. THE QUEEN