Hong Kong Case Law: Decisions & Judgments

Topic

Prevention of bribery ordinance section 3

Legal area

Court

27 Jan 2016

HKSAR v. YAU CHUN KIT

Citation

HKSAR v. YAU CHUN KIT
Court

Court of First Instance
Case number

HCMA645/2015

Given the appellant, a sergeant, repeatedly borrowed from junior subordinates over a sustained period thereby creating vulnerability and undermining discipline, an immediate custodial sentence was justified and no exceptional circumstances existed to suspend it; however the aggregate sentence of 14 months was excessive in light of time already served and remission prospects, and the restitution order for HK$26,000 was quashed because the amount had been repaid to the private victim rendering the governmental restitution obsolete.
12 Apr 2002

THE SECRETARY FOR JUSTICE v. CHAN HON KEUNG

Citation

THE SECRETARY FOR JUSTICE v. CHAN HON KEUNG
Court

Court of First Instance
Case number

HCMA1207/2001

The court held that the words 'without the general or special permission of the Chief Executive' in section 3 POBO operate as a negative averment and section 3 imposes strict (not absolute) liability; the common law defence of honest and reasonable mistake of fact is available to section 3 but the magistrate erred by effectively requiring the prosecution to disprove the defendant's claimed belief beyond reasonable doubt and by conflating mistake of fact with ignorance of the law; section 24 POBO does not import a statutory defence into section 3; accordingly the magistrate's acquittals were r…
9 Feb 1987

THE QUEEN v. CHAN WING LEUNG

Citation

THE QUEEN v. CHAN WING LEUNG
Court

Court of First Instance
Case number

HCMA29/1987

Given the absence of corruption, the factual context of loans from junior colleagues, and the established sentencing pattern where immediate custody had not previously been imposed for Section 3 offences, the sentence of imprisonment imposed by the magistrate should be suspended for twelve months while remaining a concurrent term of imprisonment.
15 Mar 1976

CHAN MAN-POR v. THE QUEEN

Citation

CHAN MAN-POR v. THE QUEEN
Court

Court of Appeal
Case number

CACC238/1976

Given the mitigating factors (short-term loans, prompt repayment, exorbitant interest charged by lender, absence of departmental connection, long government service and potential disproportionate employment/pension consequences), the court held that recording convictions was inappropriate and ordered that no convictions be recorded in each case and that the fine in Criminal Appeal No.219 be set aside and refunded; the magistrate's exercise of discretion was altered accordingly.
15 Mar 1976

LI KAI-CHI v. THE QUEEN

Citation

LI KAI-CHI v. THE QUEEN
Court

Court of Appeal
Case number

CACC220/1976

Given appellants' long public service, the personal nature of the loans, repayment, lack of official connection with the lender and the circumstances in which the matters arose, the Court of Appeal held the magistrate's exercise of discretion to record convictions was inappropriate and allowed the appeals to the extent that no convictions should be recorded (and in the one case the fine was set aside and refunded).

Hong Kong Case Law

HKSAR v. YAU CHUN KIT

THE SECRETARY FOR JUSTICE v. CHAN HON KEUNG

THE QUEEN v. CHAN WING LEUNG

CHAN MAN-POR v. THE QUEEN

LI KAI-CHI v. THE QUEEN