Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 36(a) crimes ordinance
  • 26 Sept 1997

    HKSAR v. LI Yuk-kam

    Citation
    HKSAR v. LI Yuk-kam
    Court
    Court of First Instance
    Case number
    HCMA787/1997

    The learned magistrate's sentence was manifestly excessive because he failed to give proper weight to mitigating factors (guilty plea, first offender status, favourable probation report, and substantial financial loss already suffered); deterrence alone, unsupported by statistics or evidence, did not justify immediate custody, and the appropriate sentence was substitution of a fine of $20,000 for the four months' imprisonment and $2,000 fine.