Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fines calculation

Legal area

Court

25 Aug 1989

THE QUEEN v. HOGLORY CO LTD AND ANOTHER

Citation

THE QUEEN v. HOGLORY CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMA897/1989

Appeal allowed: the six month immediate custodial sentence was manifestly excessive for first offenders and was quashed and substituted with a three month sentence suspended for 18 months; the original fines were set aside and replaced by fines of $5,000 on each charge, the court relying on sentencing parity and proportionality informed by available statistics.
2 Dec 1986

THE QUEEN v. LAM VENG-CHAN

Citation

THE QUEEN v. LAM VENG-CHAN
Court

Court of First Instance
Case number

HCMA1109/1986

The Magistrate correctly applied the 40% guideline to the three offences under section 36(1)(a) and the fines of $5,000 each were not disturbed; however the Magistrate erred in applying the same approach to seven offences under regulation 12 without regard to the lower statutory maximum. Applying the Marvels profit-based formula (net profit multiplied by 2) and the Crown's accepted estimate reduces the seven regulation fines to $1,500 each, resulting in a revised total fine of $25,500.