Hong Kong Case Law: Decisions & Judgments

Topic

Demanding money with menaces

Legal area

Court

17 Feb 1977

TSANG CHEUNG-KEUNG v. THE QUEEN

Citation

TSANG CHEUNG-KEUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC1322/1976

Convictions based solely on obscure terminology ('tor-day') were quashed where there was no evidence that the term constituted a menace or that the accused and victim shared an understanding of it, and where witness evidence showed voluntary payment or contained material inconsistencies; convictions were upheld where the prosecution proved words and conduct that would compel an ordinary person to accede unwillingly.
27 Mar 1971

YEUNG KA-WAH AND OTHERS v. THE QUEEN

Citation

YEUNG KA-WAH AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC357/1970

The conviction of the fourth appellant was quashed for insufficient evidence; convictions of the remaining appellants were upheld because the trial judge permissibly drew inferences of concerted action from the totality of the evidence; sentencing was within discretion and not manifestly excessive and s.109A did not mandate a probation report before imprisonment in the circumstances.
23 Sept 1970

WONG KWAN CHOI AND ANOTHER v. THE QUEEN

Citation

WONG KWAN CHOI AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC473/1970

The sentences of 9 months' imprisonment were manifestly excessive in the circumstances because the offences did not involve demands for money, the appellants were not triad members, and most were first offenders; therefore the appeals are allowed, sentences quashed and appellants released conditionally under s36 on bonds for good behaviour of $250 each for 12 months.
23 Sept 1970

CHUI KWAI WING AND OTHERS v. THE QUEEN

Citation

CHUI KWAI WING AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC475/1970

The sentences of nine months imprisonment were manifestly excessive given the facts and largely clean records of the appellants; the correct course was to quash the custodial sentences and release the appellants conditionally under Section 36 of the Magistrates Ordinance on bonds of good behaviour for 12 months, each in recognizance of $250.
6 Jun 1970

WONG CHU AND ANOTHER v. THE QUEEN

Citation

WONG CHU AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC860/1969

The evidence accepted as true, including the appellants' renewed conduct on 22 September, sufficiently established an implied demand of $3 with menaces with intent to steal; therefore the convictions for demanding money with menaces were properly sustained.
15 Sept 1969

TAM CHO AND OTHERS v. THE QUEEN

Citation

TAM CHO AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC396/1969

Only the unlawful detention charge against the 1st appellant should have been separately tried under s.10(2) but no prejudice arose because the magistrate found no case; factual findings by the magistrate on credibility were not displaced on appeal; however the aggregate and consecutive sentences imposed were manifestly excessive and were reduced and ordered to run concurrently as specified.
12 Aug 1969

CHENG KAM-MAN v. THE QUEEN

Citation

CHENG KAM-MAN v. THE QUEEN
Court

Court of Appeal
Case number

CACC426/1969

The payment of $40 was held to have been made involuntarily as a direct consequence of a veiled threat by a police constable and therefore the conviction for obtaining money by false pretences (which requires a voluntary payment induced by false representation) was unsustainable and was quashed; the conviction for demanding/obtaining money with menaces was supported by the evidence and must stand; sentence reduced from 18 to 9 months because imprisonment is appropriate for a police officer in such an offence but the original term was excessive.
28 May 1969

TSOI KWOK KUEN AND OTHERS v. THE QUEEN

Citation

TSOI KWOK KUEN AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC114/1969

Convictions were quashed because the Crown failed to prove beyond reasonable doubt that the payments were the product of demands with menaces by the accused or his agents with intent to steal; evidence showed subscribers paid voluntarily to secure immunity or refunds from the police and there was no proven nexus or compulsion attributable to the accused sufficient to support the specific offences charged.
21 Mar 1969

LI CHIN CHIU v. THE QUEEN

Citation

LI CHIN CHIU v. THE QUEEN
Court

Court of Appeal
Case number

CACC90/1969

The appeal was allowed and the sentences of imprisonment were substituted by an 18‑month probation order with specified residential and employment conditions and an £800 surety because the court was persuaded, on probation officer information and the uncle's willingness to assist, that probation offered a real prospect of rehabilitation while protecting the public through conditions and surety.
4 Dec 1968

KWOK KAM WING v. THE QUEEN

Citation

KWOK KAM WING v. THE QUEEN
Court

Court of Appeal
Case number

CACC671/1968

The supervision order was rescinded because the police had not applied for it and were not pressing it; the custodial sentences remain unchanged and continue to run concurrently.