Hong Kong Case Law: Decisions & Judgments

Topic

Possession of ammunition

Legal area

Court

25 Sept 2019

HKSAR v. TSIANG ON YAN

Citation

[2019] HKCA 460
Court

Court of Appeal
Case number

CACC25/2018

The Court upheld the sentencing judge's adoption of a 12-year starting point reduced by one third for a guilty plea to 8 years because the firearm was in working order with 13 rounds of live ammunition readily available, the applicant's DNA was on the pistol, drugs were present at the premises, the hiding of the weapon indicated illicit intent, and there was insufficient mitigation to warrant a lower starting point.
26 Sept 2013

HKSAR v. NG WAH KAN

Citation

HKSAR v. NG WAH KAN
Court

Court of Appeal
Case number

CACC126/2013

Leave to appeal out of time was granted; the Court found the trial judge properly rejected the applicant's explanation but gave insufficient weight to the rudimentary home‑made nature of the pistol and set the appropriate starting point at 8 years' imprisonment; applying the one‑third guilty plea discount produced an effective sentence of 5 years and 4 months, which substituted the original sentence of 6 years and 8 months.
22 May 2008

HKSAR v. CANAVERAL, JOEMAR ROBLAS AND ANOTHER

Citation

HKSAR v. CANAVERAL, JOEMAR ROBLAS AND ANOTHER
Court

Court of First Instance
Case number

HCMA271/2008

Because the prosecution delayed disclosure of material exculpatory evidence which prolonged the appellants' custody and incurred legal costs, and because costs follow the event, the court set aside the magistrate's $10,000 award and ordered that the appellants have their costs here and below, to be taxed if not agreed.
26 Mar 2002

HKSAR v. LIANG CHUNG-MING

Citation

HKSAR v. LIANG CHUNG-MING
Court

Court of Appeal
Case number

CACC110/2001

The court upheld the convictions: the trial judge was entitled to reject the applicant's explanations and to conclude possession and theft were proved on the evidence; the warrant card was properly found to be a false instrument under the Crimes Ordinance; the judge did not rely on silence under caution to convict and the convictions therefore stand.
20 Aug 1993

R. v. MAN HUNG PUI

Citation

R. v. MAN HUNG PUI
Court

Court of Appeal
Case number

CACC222/1992

For the facts of this case (possession of six live 7.62 mm rounds capable of being fired by a pistol, appellant aged 17 at the time, and relevant prior convictions), the appropriate starting point is four years' imprisonment; applying a discount of about one-third for mitigation and guilty plea produces a substituted sentence of 32 months' imprisonment, and the original 4.5 year sentence is set aside.
7 Aug 1986

THE QUEEN v. WONG WAI-YIP

Citation

THE QUEEN v. WONG WAI-YIP
Court

Court of Appeal
Case number

CACC156/1986

The application for leave to appeal against sentence is dismissed: although the judge's finding that the $10,000 was payment for custody was not supported by the evidence, the overall factors including conviction after trial and the appellant's bad character did not justify increasing the sentences which were already below the level the court has indicated as appropriate.
15 May 1986

THE QUEEN v. NG KWOK YING

Citation

THE QUEEN v. NG KWOK YING
Court

Court of Appeal
Case number

CACC109/1986

The Court held the statutory presumption of knowledge was not rebutted on the facts: the appellant had at least one key and accessed the deposit box on relevant dates, and the evidence supported a finding of knowledge; the husband's acquittal did not undermine the conviction; however, exceptional mitigating factors justified reducing the sentence to 18 months imprisonment on each charge to run concurrently.
25 Jan 1984

THE QUEEN v. WONG PING KWAN

Citation

THE QUEEN v. WONG PING KWAN
Court

Court of Appeal
Case number

CACC1028/1983

The four year concurrent sentence was appropriate on the facts: possession of firearms is a serious offence, the plea and clear record were properly considered as mitigation, and the applicant's injuries did not establish unlawful police beating sufficient to reduce the sentence.
5 Oct 1982

YU CHI-LAP v. THE QUEEN

Citation

YU CHI-LAP v. THE QUEEN
Court

Court of Appeal
Case number

CACC656/1982

The Court held the original sentence of 18 months was excessive in the circumstances; given the small quantity of ammunition, absence of a firearm or sinister motive, the appellant's guilty plea and clear record outweighed the aggravation of his police status, and the appropriate sentence is six months imprisonment.
14 May 1976

LI KWOK-KONG v. THE QUEEN

Citation

LI KWOK-KONG v. THE QUEEN
Court

Court of Appeal
Case number

CACC335/1976

Because the facts closely matched a recent Court of Appeal decision upholding a four-year term for possession of a revolver and ammunition, the Court reduced each five-year sentence to four years and ordered the sentences to run concurrently; possession of firearms without a licence is sufficiently serious to justify substantial custody.