30 Sept 2015
The magistrate erred by relying on irrelevant and insupportable factual matters and by treating the appellant as personally liable; given the conceded lack of personal liability, evidence of remorse, exemplary public service and suitability for unpaid community work, the appropriate sentence was a 160‑hour Community Service Order rather than imprisonment.
17 Dec 2007
The application for a certificate was refused because the court considered the law in Hong Kong settled that most if not all of the R v Brown factors must be present for a community services order and the remorse issue did not raise a certifiable point of law of great and general importance.
16 Jul 2002
The conviction is safe because the magistrate properly admitted and treated the cautioned interviews (effectively as mixed for admission) and lawfully weighed their limited exculpatory content, properly preferred the contemporaneous examining medical evidence over the qualified retrospective defence opinion, and made rational credibility findings; sentencing discretion was exercised but the Court reduced the sentence on mitigation grounds to five months' imprisonment while upholding the conviction.
8 Aug 1991
The appellate court upheld the 1st appellant's two year sentence as not manifestly excessive but held that the 2nd appellant, despite having diminished mitigation value because he lied as a witness, was nonetheless entitled to some discount for his plea; accordingly the 2nd appellant's two year sentence was quashed and substituted with 21 months imprisonment.
20 Jan 1983
The Court held that the cumulative circumstantial evidence — defendants' roles in day-to-day management, use and access to the company's chop and bank account, significant unexplained withdrawals and assets, and the implausible business practices — justified the inference of conspiracy to defraud; convictions were therefore upheld. However, the trial judge's reliance on a probation officer's comment about lack of remorse (while the accused maintained innocence) was improper for enhancing sentence, so sentences were reduced and substituted accordingly.