Hong Kong Case Law: Decisions & Judgments

Topic

General and specific deterrence

Legal area

Court

2 Jun 2015

HKSAR v. NARANKHUU, BALJINNYAM

Citation

HKSAR v. NARANKHUU, BALJINNYAM
Court

Court of First Instance
Case number

HCMA238/2015

The sentence was validly imposed: the tin-foil lined bag evidenced deliberate premeditation and an aggravating degree of sophistication, justifying a 9 month starting point which the magistrate legitimately reduced by one-third for the guilty plea to 6 months; the magistrate properly relied on local knowledge and deterrence considerations, so the appeal is dismissed.
26 Apr 2007

SECRETARY FOR JUSTICE v. LI MAN TAK AND OTHERS

Citation

SECRETARY FOR JUSTICE v. LI MAN TAK AND OTHERS
Court

Court of Appeal
Case number

CAAR1/2005

Although the offences constituted very serious corruption with adverse impact on market integrity and warranted stiff sentences, the Court concluded the individual sentences were on the low side but not so manifestly inadequate as to justify interference under the review jurisdiction; therefore the application to revise the sentences was refused and the sentences upheld.
20 Jun 1990

THE QUEEN v. CHAN KOON KWOK ARTHUR

Citation

THE QUEEN v. CHAN KOON KWOK ARTHUR
Court

Court of Appeal
Case number

CAAR9/1989

The suspended nine‑month concurrent sentences on the four soliciting convictions were wrong in principle and manifestly inadequate given the abuse of trust and scale of secret commissions; immediate custodial sentences are required for such corruption. On review the court substituted immediate concurrent sentences of 12 months' imprisonment on each soliciting conviction (discounted from 18 months the court would have imposed at first instance).

Hong Kong Case Law

HKSAR v. NARANKHUU, BALJINNYAM

SECRETARY FOR JUSTICE v. LI MAN TAK AND OTHERS

THE QUEEN v. CHAN KOON KWOK ARTHUR