Hong Kong Case Law

香港特別行政區 訴 洪良

Court

Court of Appeal

Case number

CACC445/2025

The trial judge correctly assessed credibility and mitigation, concluded remorse was not sufficiently demonstrated beyond what is reflected in guilty-plea credit, and reasonably selected a 4-year baseline for HK$3,000,000 with cross-border aggravation; applying one-third credit and a 20% prosecution uplift to 38 months was within proper sentencing discretion, so leave to appeal against sentence was refused.

Source excerpt

• Money laundering
• Sentencing guidelines
• Guilty plea credit
• Remorse
• Aggravating factors
• Cross-border offending

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HKSAR v. JOHN WILMER GONZALEZ PINEDA

Court

Court of Appeal

Case number

CACC330/2017

The Court of Appeal dismissed leave to appeal against a 10-year sentence for cocaine trafficking, holding that a failed section 16 discharge application justified reducing the guilty plea discount.

• Guilty plea discount
• Section 16 discharge
• Plea bargaining
• Remorse
• Ngo van nam decision
• Guilty-plea-discount

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HKSAR v. CHEUNG CHUN YUEN BARRY

Court

Court of First Instance

Case number

HCMA277/2015

High Court appeal against sentence in a wage and Labour Tribunal award case. The court set aside imprisonment and imposed a 160-hour Community Service Order.

• Failure to pay wages
• Enforcement of labour tribunal award
• Director liability for company offences
• Community service order
• Remorse in sentencing
• Unpaid-wages

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HKSAR v. TSOGOO, Ariunsaikhan

Court

Court of First Instance

Case number

HCMA332/2011

Appeal against a 7-month sentence for pickpocketing was dismissed. The court held the magistrate used an appropriate starting point and proper mitigation.

• Pickpocketing
• Guilty plea discount
• Vulnerable victim
• Co-offenders
• Remorse
• Starting point for sentence

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HKSAR v. YAU KIT KEUNG

Court

Court of Appeal

Case number

CACC350/2009

Appeal against a 12-year manslaughter sentence dismissed; the court held the sentence was not manifestly excessive on the facts.

• Manslaughter
• Provocation
• Manifestly excessive sentence
• Remorse
• Plea credit
• Sentencing

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HKSAR v. WONG CHI YU

Court

Court of First Instance

Case number

HCMA367/2008

The appeal against conviction was abandoned and dismissed. The sentencing appeal succeeded only to the extent that the four-month prison term was suspended for two years.

• Theft ordinance s.16a
• Restitution
• Community service orders
• Suspended sentence
• Remorse
• Cover-up

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HKSAR v. MAK CHI HO

Court

Court of Appeal

Case number

CACC290/2007

The Court of Appeal dismissed an application to appeal sentence for robbery and attempted robbery, upholding a 10-year effective term and partial consecutiveness.

• Robbery
• Imitation firearm
• Concurrent versus consecutive sentences
• Totality principle
• Remorse as mitigation
• Attempted-robbery

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HKSAR v. LAU BO KI

Court

Court of Appeal

Case number

CACC412/2005

The appellant's act of pouring concentrated sulphuric acid and leaving the frail elderly victim to die constituted extremely serious manslaughter; absence of remorse, aggravating conduct and culpability warranted a custodial sentence of 16 years.

Source excerpt

• Manslaughter
• Acid attack
• Aggravating factors
• Remorse
• Delay

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HKSAR v. CHAN HANG YUK

Court

Court of Appeal

Case number

CACC366/2005

Leave to appeal against a 10-year incest sentence was refused. The court held the sentence was not manifestly excessive given the child victim, abuse of trust and lack of remorse.

• Incest
• Child sexual abuse
• Sentencing principles
• Mitigation
• Aggravating factors
• Remorse

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HKSAR v. CHEUNG WING SUM AND ANOTHER

Court

Court of Appeal

Case number

CACC321/2006

The Court of Appeal held that a community service order was inappropriate for two burglary offenders, but reduced the first applicant’s sentence to 24 months and dismissed the second appeal.

• Burglary
• Community service order
• Breach of trust
• Remorse
• Sentence starting point
• Plea discount

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