Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Good behaviour bond

Legal area

Court

28 May 1981

TSE YUK LIN v. THE QUEEN

Citation

TSE YUK LIN v. THE QUEEN
Court

Court of Appeal
Case number

CACC320/1981

Because Section 36 must be applied narrowly and non‑recording of conviction should be exceptional, but the offender's youth, clear record, social welfare report and triviality of loss warranted mitigation of sentence (quashing the fine and substituting a one‑year recognizance for good behaviour), the conviction nevertheless should be recorded; appeal allowed in part to vary sentence accordingly.
24 Sept 1969

LI KIM PUI v. THE QUEEN

Citation

LI KIM PUI v. THE QUEEN
Court

Court of Appeal
Case number

CACC628/1969

The magistrate erred in principle by ordering detention at a Training Centre because the appellant's conduct did not demonstrate the requisite marked tendency to crime or dishonesty; accordingly the appropriate disposition was to record a conviction but discharge conditionally under Section 36 of the Magistrates Ordinance with a bond for good behaviour for 12 months.
6 Sept 1969

CHEUNG YU SHING v. THE QUEEN

Citation

CHEUNG YU SHING v. THE QUEEN
Court

Court of Appeal
Case number

CACC592/1969

Because the appellant was in extremely poor health and a long-standing drug addict, the court set aside the custodial sentence and substituted a conditional arrangement under Magistrates Ordinance s.36 requiring a $500 bond for good behaviour for 12 months, to be entered when he is discharged from hospital.