Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Magistrates' review

  • 24 Feb 1994

    R v. CHOI KAI ON

    Citation
    R v. CHOI KAI ON
    Court
    Court of First Instance
    Case number
    HCMA316/1992

    Section 19(2) of the Gambling Ordinance does not violate BORO s8 art11 because the presumption that a person found in or escaping from a gambling establishment was gambling satisfies the Sin Yau-ming tests: there is a rational connection where the accused is in the room used for gambling and the presumption is proportionate and necessary to combat illegal gambling; conviction upheld. Separately, in light of exceptional delay and prejudice, the Court allowed the out‑of‑time appeal against sentence, rescinded activation of the prior suspended sentence and ordered immediate release, treating 17…

  • 15 Mar 1976

    HO WAI-KWOK v. THE QUEEN

    Citation
    HO WAI-KWOK v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC219/1976

    Given the particular mitigating circumstances (no departmental connection to the lender, loans for personal necessity or speculation, prompt repayment, long public service and potential disproportionate effect of a recorded conviction on employment and pension), the Court allowed the appeals to the extent that convictions should not be recorded in each case and set aside the fine in Criminal Appeal No.219 and ordered any paid fine returned, while affirming that s.3 offences are serious and that prosecutors acted with proper consent.