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Hong Kong Case Law

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Immigration 香港特別行政區 訴 麥其才

香港特別行政區 訴 麥其才

The appeal fails because the appellant did not arrive by the permit-specified vessel, landed deliberately at a beach and worked illegally away from the fish market, was not in possession of the permit when arrested and admitted illegal entry; these facts distinguish the case from 陳李普 and remove the basis for a reduced sentence, so the 15-month sentence is appropriate.

  • Illegal entry
  • Fishing permit
  • Overstay
  • Mitigation of sentence
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Criminal law HKSAR v. TAUB VANESSA LEE

HKSAR v. TAUB VANESSA LEE

The High Court dismissed a sentence appeal against a 12-month driving disqualification. The appellant’s domestic hardship did not amount to special reasons.

  • Driving without insurance
  • Disqualification from driving
  • Special reasons for mitigation
  • Plea of guilty
  • Mitigation of sentence
  • Driving-without-insurance
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Criminal law Z v. HKSAR

Z v. HKSAR

The Court of Final Appeal held that pre-arrest assistance can be considered in sentencing mitigation and reduced the appellant’s sentence from five and a half years to five years.

  • Pre-arrest assistance
  • Mitigation of sentence
  • Use of informers
  • Sentencing discounts
  • Pre-arrest-assistance
  • Mitigation-of-sentence
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Criminal law Z v. HKSAR

Z v. HKSAR

The Court of Final Appeal granted leave to appeal on whether pre-arrest assistance to law enforcement can mitigate sentence.

  • Mitigation of sentence
  • Assistance to law enforcement
  • Timing of assistance (pre-arrest v post-arrest)
  • Leave to appeal
  • Mitigation-of-sentence
  • Assistance-to-law-enforcement
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Criminal law HKSAR v. WONG YU KIN

HKSAR v. WONG YU KIN

The High Court dismissed a sentence appeal for driving while disqualified and without third party insurance, upholding the 12-month disqualification and suspended imprisonment.

  • Driving while disqualified
  • Motor vehicle third party insurance
  • Suspended sentence
  • Disqualification from driving
  • Mitigation of sentence
  • Driving-while-disqualified
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Criminal law HKSAR v. CHAN NGAI KWONG

HKSAR v. CHAN NGAI KWONG

The Court of Appeal refused leave to appeal against a 2-year sentence for wounding with intent, holding the sentence was not wrong in principle or manifestly excessive.

  • Wounding with intent
  • Provocation
  • Use of weapon
  • Mitigation of sentence
  • Wounding-with-intent
  • Sentencing
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Criminal law HKSAR v. Lawrence B. Owosu

HKSAR v. Lawrence B. Owosu

The Court of Appeal refused leave to appeal out of time against a 10-year sentence for trafficking in dangerous drugs, holding the sentence was proper.

  • Trafficking in dangerous drugs
  • Leave to appeal
  • Extension of time
  • Mitigation of sentence
  • Guilty plea discount
  • Drug-trafficking
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Criminal law R. v. CHAN LEONG

R. v. CHAN LEONG

The Court of Appeal upheld a magistrate’s use of a Newton inquiry and affirmed an 18-month sentence for illegal entry, holding the disputed facts were relevant to mitigation and remorse.

  • Newton enquiry
  • Guilty plea credit
  • Attorney general prosecution guidelines
  • Mitigation of sentence
  • Newton-enquiry
  • Guilty-plea-credit
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Criminal THE QUEEN v. JACKY WONG CHAI CHUNG

THE QUEEN v. JACKY WONG CHAI CHUNG

Court of Appeal refused to restore an abandoned sentence appeal, holding the restitution was not remorse-based mitigation and no exceptional circumstance was shown.

  • Conspiracy to defraud
  • Restitution
  • Mitigation of sentence
  • Abandonment of appeal
  • Prerogative of mercy
  • Mitigation-of-sentence
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Criminal law LOK TAT SANG v. THE QUEEN

LOK TAT SANG v. THE QUEEN

The appeal against conviction failed, but the sentence was varied so the 12-month driving disqualification was limited to private motor-cars.

  • Driving for hire or reward
  • Third party motor insurance
  • Disqualification from driving
  • Mitigation of sentence
  • Criminal-law
  • Traffic-offences
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.