Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

First-offender mitigation
  • 16 Dec 1988

    THE QUEEN v. LEUNG KAN

    Citation
    THE QUEEN v. LEUNG KAN
    Court
    Court of First Instance
    Case number
    HCMA1539/1988

    In the absence of any evidence or record demonstrating the seriousness or extent of the obstruction and in light of prior appellate decisions treating similarly situated licensed hawkers as first offenders, the $1,000 fines were excessive and should be reduced (generally to $600); a single elderly appellant who was not hawking but had two cartons of pears warranted a further reduced fine of $200.