Hong Kong Case Law: Decisions & Judgments

Topic

Obtaining services by deception

Legal area

Court

28 Jun 2019

香港特別行政區訴梁焯文

Citation

[2019] HKCFI 1483
Court

Court of First Instance
Case number

HCMA31/2019

The appellate court upheld the trial judge's sentencing approach: an 18‑month starting point per relevant count with one‑third reduction to 12 months per count was appropriate; partial concurrency and partial consecutive execution to reach an overall 26‑month sentence was justified by repeated, organised offending and abuse of public resources and was not manifestly excessive. The exercise of discretion in ordering concurrency and the total sentence will not be disturbed where the judge applied correct principles.
29 Jun 2010

HKSAR v. YE FUREN

Citation

HKSAR v. YE FUREN
Court

Court of First Instance
Case number

HCMA1008/2009

The appeal was dismissed because the appellant not only possessed but actually used the forged identity card to open a bank account and to present it later, thereby committing obtaining services by deception; this conduct justified a 15 months custodial sentence (12 months for possession plus an additional 3 months for actual use).
2 Jun 2010

HKSAR v. JAMES STEVEN POLLARD

Citation

HKSAR v. JAMES STEVEN POLLARD
Court

Court of First Instance
Case number

HCMA211/2010

The appeal court held the magistrate did not err: he properly considered community service and suspension, was aware of immigration consequences and the low level of criminality, applied appropriate starting points and guilty plea discounts, and the resulting concurrent total sentence of six months imprisonment was not wrong in principle nor manifestly excessive; the appeal was dismissed.
17 Oct 2007

HKSAR v. YEUNG HON KEUNG LARRY

Citation

HKSAR v. YEUNG HON KEUNG LARRY
Court

Court of Appeal
Case number

CACC233/2006

The court held that the matters advanced did not constitute questions of law of great and general importance under s32(2) and were largely factual disputes or established principles; accordingly no certificate was justified and the application was dismissed.
6 Sept 2007

HKSAR v. YEUNG HON KEUNG, LARRY

Citation

HKSAR v. YEUNG HON KEUNG, LARRY
Court

Court of Appeal
Case number

CACC233/2006

The court held beyond reasonable doubt that the applicant knowingly and dishonestly misrepresented his employment and used forged/false letters to secure part‑time PCLL entry and no‑pay leave; the SPACE literature did not create an unqualified contractual right to the two‑year course so the 'claim of right' defence failed; the education received and preservation of employment/pension constituted a clear benefit and the Education Department suffered prejudice; Charge 4 was not duplicitous as fraud can be continuing; accordingly convictions and concurrent sentences were upheld and the appeals a…
15 Sept 2004

HKSAR v. LEPPER FRANK RICHARD

Citation

HKSAR v. LEPPER FRANK RICHARD
Court

Court of First Instance
Case number

HCMA723/2004

The magistrate's acceptance of the prosecution evidence, supported by the appellant's admission that he knew he could not pay, meant no defence was made out to obtaining services by deception or to the overstay; the appellant offered unsubstantiated fresh assertions on appeal which did not overturn the magistrate's findings, so the convictions were upheld.
9 Jun 2004

HKSAR v. LAW KAM HUNG

Citation

HKSAR v. LAW KAM HUNG
Court

Court of First Instance
Case number

HCMA454/2004

The learned Magistrate properly considered the appellant's prior convictions, refusal to engage with probation and psychiatric care, and two independent psychiatric reports recommending confinement; because the hospital order was the only appropriate means to benefit the appellant and the Magistrate's decision was not irrational or inappropriate, the appellate court dismissed the appeal and upheld the 4-month hospital order.
1 Jun 2004

HKSAR v. YIU HOI YAN

Citation

HKSAR v. YIU HOI YAN
Court

Court of First Instance
Case number

HCMA417/2004

Immediate imprisonment was justified but the length of the custodial sentences could not be fixed solely on the prevalence of credit card fraud; having regard to the appellant's personal circumstances, mental health and motive the sentences on the deception charges were reduced from 12 months to six months, producing an overall sentence of six months' imprisonment.
28 May 2003

HKSAR v. YE YING

Citation

HKSAR v. YE YING
Court

Court of First Instance
Case number

HCMA184/2003

The attempted misuse of another person's boarding pass to obtain airline services is less serious than presenting forged travel documents to immigration; for attempted deception of this type a proper starting point is 12 months' imprisonment, reduced to eight months for a timely guilty plea; a sentencer must not impose punishment based on speculative future conduct abroad.
28 Jan 2000

HKSAR v. TANG HON MAN

Citation

HKSAR v. TANG HON MAN
Court

Court of Appeal
Case number

CACC498/1999

Because an up-to-date DATC medical report established the applicant was no longer drug-dependent and further DATC detention would serve no useful purpose, the appellate court set aside the 9-month sentence (which had been imposed to permit continued DATC treatment) and substituted concurrent sentences of 18 months imprisonment to reflect the criminality; the DATC order therefore no longer stood.