Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pre-arrest assistance
  • 3 Dec 2021

    HKSAR v. A

    Citation
    [2021] HKCA 1789
    Court
    Court of Appeal

    Given the verified evidence (seven instances, six with substantial rewards) and absence of corroboration for other claimed assistance, and because any limited credit for one unpaid verified instance would be outweighed by an under-calculated starting point and aggravating factors (organiser role and prior drug trafficking conviction), no reduction was warranted and the sentence of 14 years was affirmed.

  • 8 Nov 2019

    HKSAR v L

    Citation
    [2019] HKCA 1239
    Court
    Court of Appeal

    Given the nature of the assistance (mere tip-offs), the applicant's role as a paid informer for two matters, her ongoing participation in drug activity shortly after providing intelligence, and the outcome of the information, the 3 month reduction (resulting in a 35% overall discount) was within an acceptable range and not so inadequate as to found a reasonably arguable appeal; leave refused.

  • 12 Apr 2019

    HKSAR v. Y

    Citation
    [2019] HKCA 456
    Court
    Court of Appeal

    Leave to appeal out of time is granted but the substantive appeal is dismissed because the applicant's pre-arrest tipoffs were paid and of limited comparative seriousness; the payments were not insufficient under police guidelines and did not warrant a further discount beyond that given, and the sentencing starting point and cross-border enhancement were within appropriate and lenient bounds.

  • 22 Mar 2007

    Z v. HKSAR

    Citation
    Z v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC9/2006

    There is no categorical bar to recognising pre-arrest assistance in mitigation of sentence; sentencing courts must evaluate the circumstances and may grant a reduction according to the assistance's nature, extent and reliability. On the facts the appellant's pre-arrest assistance warranted a reduction of sentence from five and a half years to five years.