Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dutiable commodities

  • 17 Dec 2002

    HKSAR v. LE VAN THO

    Citation
    HKSAR v. LE VAN THO
    Court
    Court of First Instance
    Case number
    HCMA947/2002

    The court held the magistrate was entitled to rely on the identified aggravating factors and that the starting point of nine months for charges 2 and 3 was not excessive, but the magistrate had double counted the on-bail aggravating factor by both increasing individual sentences and ordering them to run wholly consecutively; to avoid double counting and to respect the totality principle the sentence on the 1st charge was reduced to five months ten days and concurrency adjusted so the aggregate term became ten months imprisonment.

  • 8 Dec 1999

    HKSAR v. IP CHI KEUNG

    Citation
    HKSAR v. IP CHI KEUNG
    Court
    Court of First Instance
    Case number
    HCMA943/1999

    The appeal court found the Magistrate erred in relying on environmental harm and an inference that the oil was smuggled when the provenance was not proved; although the offence properly falls within duty-evasion sentencing principles and prevalence can justify custody, the improper factual basis rendered the immediate custodial sentence excessive and it was substituted with a suspended sentence of six weeks imprisonment for two years.

  • 3 Jan 1975

    KOON POK-MAN v. THE QUEEN

    Citation
    KOON POK-MAN v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC990/1974

    Held that under the Dutiable Commodities Ordinance possession requires both physical control and knowledge of the nature of the goods; Section 40's presumption that goods on premises are in the occupier's possession can be rebutted by evidence showing it is more probable than not that the accused did not know the goods were dutiable; on the facts the presumption was rebutted and conviction could not be sustained.