Hong Kong Case Law: Decisions & Judgments

Topic

Restitution/compensation

Legal area

Court

14 Feb 2018

HKSAR v. TSANG CHUN YIN

Citation

[2018] HKCA 94
Court

Court of Appeal
Case number

CACC170/2017

Appeal allowed in part: while a non-custodial sentence was not appropriate because the circumstances were not exceptional, the judge gave insufficient weight to the appellant's youth, prior good character and mitigation; consequentially the court reduced the cumulative custodial element by substituting 4 months consecutive custody (instead of 8 months) so that the total effective sentence is 18 months' imprisonment.
18 Aug 2009

HKSAR v. LAM LEONOR CHAN

Citation

HKSAR v. LAM LEONOR CHAN
Court

Court of First Instance
Case number

HCMA125/2009

Magistrate's credibility findings were supported by the tape transcript and surrounding evidence so convictions under the Employment Ordinance (failure to pay full wages) are safe; sentencing of 9 months was excessive in context and, giving credit for full repayment of arrears and having regard to sentencing history and legislative intent, appropriate total custodial sentence is 3 months imprisonment concurrent on the 10 summonses.
3 Jul 1998

HKSAR v. LUNG WAI HUNG

Citation

HKSAR v. LUNG WAI HUNG
Court

Court of Appeal
Case number

CACC264/1998

The Organized and Serious Crimes Ordinance (Cap.455) requires the court to make a confiscation order under s.8 once the statutory criteria are met; the court has no inherent discretion to refuse or to substitute a nominal amount/default imprisonment to preserve third‑party civil claims. Because the Secretary for Justice elected to treat the confiscation application as withdrawn, the Court allowed the appeal and quashed the confiscation order and default imprisonment imposed in the District Court.

Hong Kong Case Law

HKSAR v. TSANG CHUN YIN

HKSAR v. LAM LEONOR CHAN

HKSAR v. LUNG WAI HUNG