Hong Kong Case Law: Decisions & Judgments

Topic

Offending while on bail

Legal area

Court

28 Oct 2025

香港特別行政區訴梁國輝

Citation

[2025] HKCFI 5920
Court

Court of First Instance
Case number

HCMA234/2025

The court affirmed that 6 months was an appropriate starting point for each offence given repeated conduct, weapon use and that the victim was a witness, and that a small deduction of 3 days for compensation was warranted; the two offences should run consecutively as they were committed on different dates and involved different elements. However, the trial judge erred in ordering full consecutive execution with the earlier 5‑month sentence without adequately quantifying how much should be concurrent; on totality review the Court ordered 2 months of the prior 5‑month sentence to run concurrent…
28 Feb 2022

香港特別行政區訴方秀美

Citation

[2022] HKCFI 570
Court

Court of First Instance
Case number

HCMA436/2021

The court held the magistrate erred by over-emphasising prior convictions and adopting an unduly high starting point for a very low-value theft; appropriate starting points and uplifts were identified for each count (10 months uplifted 20% to 12 months then reduced to 8 months after one-third plea discount; 4 months uplifted 25% to 5 months then reduced to 3 months 20 days after discount; 6 weeks uplifted 25% to 52 days then reduced to 35 days after discount) and the totality principle supports a substituted overall sentence that permitted immediate release given time already served; accordin…
29 Dec 2017

香港特別行政區訴楊幸光

Citation

香港特別行政區訴楊幸光
Court

Court of First Instance
Case number

HCMA534/2017

The sentencing judge lawfully exercised discretion after considering the nature of the offences, the appellant's addiction and rehabilitation prospects, his substantial prior convictions (including trafficking) and the aggravation of offending while on bail; a detoxification centre order was appropriate and there was no error of law or principle.
16 Sept 1988

THE QUEEN v. LUI CHUN-HEI

Citation

THE QUEEN v. LUI CHUN-HEI
Court

Court of First Instance
Case number

HCMA632/1988

The court applied the totality principle and found that although each individual two-year sentence was not excessive, the aggregate four-year sentence was excessive; because the second offence was committed while on bail the court refused concurrency but reduced the second sentence to 6 months, producing a proportionate total sentence of 2.5 years.

Hong Kong Case Law

香港特別行政區 訴 梁國輝

香港特別行政區 訴 方秀美

香港特別行政區 訴 楊幸光

THE QUEEN v. LUI CHUN-HEI

香港特別行政區訴梁國輝

香港特別行政區訴方秀美

香港特別行政區訴楊幸光