Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Documentary credit fraud

Legal area

Court

28 Jul 2005

HKSAR v. LEO YEE SANG PATRICK

Citation

HKSAR v. LEO YEE SANG PATRICK
Court

Court of Appeal
Case number

CACC494/2004

The judge did not err in principle in sentencing: documentary credit frauds are serious irrespective of 'local' or 'international' labels; the sentencing judge properly assessed the applicant's role, recognised and allowed mitigation for delay, rehabilitation and cooperation (albeit by incorporating them into starting points), and the resulting concurrent sentences of 3 years 4 months were within lawful sentencing discretion; leave to appeal was therefore refused.
12 Jul 2001

HKSAR v. CHEUNG KING

Citation

HKSAR v. CHEUNG KING
Court

Court of Appeal
Case number

CACC157/2001

The sentencing judge erred in applying breach of trust tariffs and in procedural conduct by seeking reports 'to give it a try' and making remarks that could raise expectations of a non-custodial outcome; on rehearing the correct approach yields a starting point of 4.5 years reduced for plea and cooperation, and having regard to the judge's misleading adjournment the appropriate sentence is two years' imprisonment.