Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Offer of advantage

  • 6 Aug 2014

    HKSAR v. LIONEL JOHN KRIEGER AND ANOTHER

    Citation
    HKSAR v. LIONEL JOHN KRIEGER AND ANOTHER
    Court
    Court of Final Appeal
    Case number
    FAMC1/2014

    Leave to appeal was refused because the alleged conspiracy, even if carried out, would involve the commission of the s9(2) offence in Macau where the offer would be made to the agent and s9(2) lacks extraterritorial effect; PBO s2(2) does not remove the requirement that the offer be made to the agent or extend the offence to conduct constituting only an agreement in Hong Kong to make an offer abroad, so the conspiracy was not indictable in Hong Kong.

  • 20 Aug 2004

    HKSAR v. SIU MAN KIT

    Citation
    HKSAR v. SIU MAN KIT
    Court
    Court of First Instance
    Case number
    HCMA1128/2003

    On the evidence the magistrate was entitled to infer that the appellant's words amounted to an offer of $30,000 for the benefit of the supervising engineer; the appellant's admissions in the videotaped interview established intention that the sum be paid as a reward or to secure extra favours, satisfying s2(2)(a) and the inducement element of s9; thus conviction was upheld; on sentence the court reduced the custodial term from seven months to nine weeks taking a lower starting point reflecting the single unaccepted offer, no payment, lesser gravity than comparable multi-count corruption cases…

  • 19 Nov 1981

    IP PING v. THE QUEEN

    Citation
    IP PING v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC843/1981

    On the facts as found by the magistrate the appellant placed $1,000 on the officer's desk with the object of creating a favourable impression to obtain special treatment; that conduct constituted an offer of an advantage under s.4; section 2(a) covers offers for the benefit of third parties so an intended donation would not necessarily negate liability if the intent was to influence the public servant; the conviction was properly sustained and the sentence was not disturbed.

  • 11 Nov 1981

    LAI YUK-KUI v. THE QUEEN

    Citation
    LAI YUK-KUI v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC917/1981

    The magistrate permissibly accepted the prosecution witness's account and rejected the appellant's contrary account; the magistrate's statement of findings was adequate for appellate review and the conviction was not unsafe; the appeal against conviction and the appeal against sentence were dismissed, with guidance that immediate custodial sentences (usually minimum twelve months) are normally appropriate for section 4 offences though the appellant's six-month sentence was left undisturbed on these facts.