Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Parity of sentencing

Legal area

Court

5 May 2009

SECRETARY FOR JUSTICE v. MONG HON MING

Citation

SECRETARY FOR JUSTICE v. MONG HON MING
Court

Court of Appeal
Case number

CAAR1/2009

The court allowed the review, quashed the magistrate's order suspending the 6‑month sentence and substituted a 5‑month immediate custodial term because the magistrate's decision to suspend relied on mitigation portraying the respondent as vicariously liable and absent from Hong Kong; that mitigation was false and had materially misled the sentencing court, and suspension was not justified for an offence of this gravity.
18 Nov 1993

R. v. HUNG PING KONG

Citation

R. v. HUNG PING KONG
Court

Court of Appeal
Case number

CACC181/1993

The Court of Appeal held that while the trial judge's starting point (six years) and concurrent sentences were appropriate, the applicant's guilty plea, demonstrated remorse and substantial restitution (including further repayment of $700,000 after sentence) justified reducing the sentence from three years six months to three years' imprisonment.
13 Oct 1988

THE QUEEN v. LEE KWOK LEUNG

Citation

THE QUEEN v. LEE KWOK LEUNG
Court

Court of Appeal
Case number

CACC123/1988

The court held that, having regard to the seriousness and prevalence of blackmail and the similar involvement of the co‑defendants, a custodial sentence of three years was proper and not manifestly excessive; therefore leave to appeal against sentence was refused and the sentence upheld.