Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Corrupt conduct at elections

Legal area

Court

16 May 2012

HKSAR v. WONG KWOK PONG, KEITH PAUL

Citation

HKSAR v. WONG KWOK PONG, KEITH PAUL
Court

Court of First Instance
Case number

HCMA160/2012

The Magistrate's sentencing decision fell within a permissible range: the offence was serious, the appellant pleaded guilty and received a one-third discount, antecedents and mitigation were considered but not exceptional, and because s16(1)(a) requires knowledge of ineligibility the appellant's plea was inconsistent with a defence of genuine mistake; therefore there was no basis to interfere with the two month custodial sentence.
25 May 2010

HKSAR v. FAN YUN SANG

Citation

HKSAR v. FAN YUN SANG
Court

Court of First Instance
Case number

HCMA908/2009

The conviction was quashed because the magistrate failed to properly evaluate whether the prosecution proved the essential subjective element (that the appellant knew he was not entitled to vote). The magistrate compounded the error by misapplying an objective test (Ghosh), by failing to give an appropriate credibility direction in relation to the appellant's good character and recorded explanations, and by relying on an unsupported comparison of signatures; these errors rendered the verdict unsafe and unsatisfactory.