5 Nov 2001
HKSAR v. CHAN TAT WAH
- Citation
- HKSAR v. CHAN TAT WAH
- Court
- Court of Appeal
- Case number
- CACC457/2001
The conviction for burglary was supported by admissible circumstantial evidence and therefore stands; the trial judge erred in principle in granting a blanket two-month reduction for defendants on account of being from the Mainland or ‘foreignness’; foreignness is only one factor in mitigation and Mainland Chinese are not to be treated as foreigners entitled to automatic discounts; the Secretary for Justice's review is granted and the two-month reductions are set aside resulting in adjusted sentences: Tse Ki Wu 4 years, Ng Kit 3 years 2 months, Chan Tat Wah 3 years.