Hong Kong Case Law: Decisions & Judgments

Topic

Procedural fairness in sentencing

Legal area

Court

30 May 2025

HKSAR v. CHAN PUI MING

Citation

[2025] HKCA 507
Court

Court of Appeal
Case number

CACC107/2024

Leave to appeal was granted on Ground 1 because it was reasonably arguable that the total effective sentence was manifestly excessive, and the same arguable error arose from ordering the 16‑month driving sentence wholly consecutive to the drug trafficking sentence; Grounds 2 and 3 were permitted to proceed to the substantive court and the substantive appeals were to be heard together with HKSAR v Poon Chi Keung.
20 May 2024

HKSAR v. CHANG YAU HUNG, ALEXANDER

Citation

[2024] HKCA 480
Court

Court of Appeal
Case number

CACC98/2022

The Court held the starting point of 10 years' imprisonment (the statutory maximum) was appropriate for a solicitor who, in breach of trust, caused the complete loss of US$10 million to the victim with no restitution prospect; Ngo Van Nam's revised guilty plea discount practice applied to the appellant at sentencing; the judge was entitled to reject the appellant's mitigation as implausible without prior notice to defence; the assistance already afforded merited a greater discount than given by the judge (increased from 3 to 6 months); adjusting only for that, the sentence was reduced from 7…
4 May 2018

HKSAR v. LEE SUI WAH

Citation

[2018] HKCA 268
Court

Court of Appeal
Case number

CACC187/2017

Leave to appeal was granted because the disqualification order that it not run until the applicant had completed imprisonment engaged established authority (HKSAR v Wong Mun Ming) which requires the judge to invite submissions and give reasons, and because section 69A(2) did not apply to permit the order in the circumstances of this case.
24 Oct 2000

HKSAR v. CHAN CHI KEUNG

Citation

HKSAR v. CHAN CHI KEUNG
Court

Court of First Instance
Case number

HCMA640/2000

The magistrate did not err in principle by imposing an 18‑month disqualification: the offence involved deliberate risk‑taking that endangered the public, the statutory framework permitted disqualification, and 18 months was not manifestly excessive in all the circumstances; consequently the appeal against sentence was dismissed.

Hong Kong Case Law

HKSAR v. CHAN PUI MING

HKSAR v. CHANG YAU HUNG, ALEXANDER

HKSAR v. LEE SUI WAH

HKSAR v. CHAN CHI KEUNG