Hong Kong Case Law: Decisions & Judgments

Topic

Organised crime

Legal area

Court

30 Oct 2012

HKSAR v. CHENG SAU YUK

Citation

HKSAR v. CHENG SAU YUK
Court

Court of Appeal
Case number

CACC495/2011

The Court concluded the offences were serious, systematic and professionally executed shoplifting by an organised gang and, given the appellant's extensive dishonesty record and failure of prior sentences to deter, the adopted 2-year starting point per count and the total consecutive sentence of 4 years imprisonment was appropriate and not manifestly excessive; therefore the appeal was dismissed.
19 May 2010

HKSAR v. CHAN MEI YEE, CARMAN (陳美儀) Applicant

Citation

HKSAR v. CHAN MEI YEE, CARMAN (陳美儀) Applicant
Court

Court of Appeal
Case number

CACC447/2009

The 39-month sentence was manifestly excessive because the judge erred by treating the Saldana/Tan passages about organised, sophisticated gangs as establishing a general 2-year starting point whenever more than one offender is involved. Applying Ngo Van Huy starting point of 12–15 months and properly assessing aggravating features (busy street, multiple offenders, and a lengthy record) produces an appropriate overall sentence of 30 months; the Court therefore allowed the appeal, set aside the 39-month term and substituted 30 months' imprisonment.
17 Dec 2004

HKSAR v. LIAO MEI AND OTHERS

Citation

HKSAR v. LIAO MEI AND OTHERS
Court

Court of Appeal
Case number

CACC432/2004

Where pickpocketing is committed by an organised, professional gang operating in a crowded place the court may adopt a higher starting point (here 30 months was justified); a guilty plea reduction of one-third was properly applied; however a 50% OSCO enhancement was excessive in the circumstances and should be reduced to an enhancement of roughly one-third, resulting in substituted sentences of 26 months imprisonment for each appellant.
15 Jul 2003

HKSAR v. LEE YUEK SING AND OTHERS

Citation

HKSAR v. LEE YUEK SING AND OTHERS
Court

Court of Appeal
Case number

CACC515/2001

Where the enhancement under s.27(11) OSCO was applied on the basis of statistical evidence that, when corrected, did not show the offence to be prevalent, the enhancement was inappropriate. The appellate court removed the 25% enhancement, reduced the affected sentences accordingly, granted leave to appeal out of time and treated prior abandonments as nullities in these exceptional circumstances.
19 Aug 1997

R. v. SALDANA ALCA JOSE and Another

Citation

R. v. SALDANA ALCA JOSE and Another
Court

Court of Appeal
Case number

CACC655/1996

The court accepted the factual finding that the applicants came to Hong Kong to commit crime based on implausible explanations and evidence; the offence was organised and professional and therefore the sentencing judge's starting point of four years and resulting sentences (after discounts) were not wrong in principle or manifestly excessive; leave to appeal was refused.

Hong Kong Case Law

HKSAR v. CHENG SAU YUK

HKSAR v. CHAN MEI YEE, CARMAN (陳美儀) Applicant

HKSAR v. LIAO MEI AND OTHERS

HKSAR v. LEE YUEK SING AND OTHERS

R. v. SALDANA ALCA JOSE and Another