2 Jul 2004
The Court held the global sentence of twenty-seven months was manifestly excessive in the circumstances; having weighed aggravating and mitigating features and applied the totality principle, the correct overall term is eighteen months imprisonment, and the confiscation order under Cap.455 stands.
28 Oct 1993
Although the sentences were severe, given the particularly sordid loan‑shark operation, the forcible detention and coercion to prostitution, the sentencing judge's starting points and deductions were within permissible discretion; therefore leave to appeal was refused.
18 Jan 1991
The Full Bench held the Chairman correctly applied the civil standard (balance of probabilities with degree varying by gravity); factual findings that the applicant repeatedly charged excessive interest rates, retained customers' bank books as security, and was evasive as a witness were supported by evidence; the applicant failed to discharge the burden under s.11 to satisfy the Court she was fit and proper, therefore the Licensing Court's refusal to renew the licence was upheld.
29 Oct 1990
The magistrate did not err so as to vitiate the admission of the cautioned statements: defects in recording Q&A were not fatal, any preliminary reference to balance of probabilities at the voir dire stage did not prejudice the defence and the correct standard was applied when ruling admissibility; the evidence supported convictions under the Money Lenders Ordinance and the sentences imposed were within proper judicial discretion given the scale and role of the appellant.
19 Sept 1988
Where lending at excessive rates was carried out by a youthful clerk who was a first offender and there was no evidence of threats, intimidation, triad involvement or a pattern of habitual overcharging, a fine would be the proper sentence rather than immediate imprisonment; however because the appellant had already served part of his sentence the court substituted a one‑month imprisonment order and allowed the appeal against sentence while dismissing the appeal against conviction.
29 Apr 1983
Where offences involved very high interest rates and deceptive documentation but no triad involvement or need for general deterrence, immediate custodial sentences were not necessary and the appeal is allowed to the extent that the sentences are suspended for 15 months.