Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Offering for sale

Legal area

Court

24 May 2001

HKSAR v. LAM MAN KIT

Citation

HKSAR v. LAM MAN KIT
Court

Court of First Instance
Case number

HCMA1330/2000

Conviction quashed because the magistrate's Statement of Findings failed to set out salient facts necessary to establish the offence of offering for sale (no clear findings on display, provenance or proportion of infringing discs, and unresolved inconsistency about touting undermining reliability of prosecution evidence); given these deficiencies and uncertainties the court would not substitute the offence of exposing for sale; conviction unsafe and sentence set aside.
11 Jul 2000

HKSAR v. CHAN WING TIM

Citation

HKSAR v. CHAN WING TIM
Court

Court of First Instance
Case number

HCMA540/2000

The magistrate erred in treating the appellant as being on bail at the time of the second offence (NKCC 907); as a result the sentence for that matter is reduced from eight months to six months imprisonment; the remainder of the sentences and the aggregate totality are appropriate and stand.
7 Jul 1999

HKSAR v. WONG KA HIM

Citation

HKSAR v. WONG KA HIM
Court

Court of First Instance
Case number

HCMA496/1999

The magistrate lawfully exercised sentencing discretion, choosing a starting point reduced for the guilty plea and considering number of discs and local prevalence; the resulting 12-month sentence was proportionate and not manifestly excessive, therefore the appeal is dismissed.