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The Court of Appeal refused bail pending appeal in a drug-trafficking sentence case, finding no reasonably arguable appeal and no basis to disturb the sentence.
On a full re‑hearing of the evidence the court was satisfied in each consolidated matter that objective evidence (photographs, sketches, video) and accepted cautioned admissions established the offences beyond reasonable doubt; there is no statutory requirement that prosecutions under the Fire Services (Elimination of Fire Hazard) Regulations be preceded by a 24‑hour notice to avoid prosecution; Housing Department clearance actions were lawful under Cap.283; the trial judge correctly admitted and relied on cautioned statements as voluntary; sentences were within principled range and not manif…
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The Court of Appeal refused bail pending appeal in a money laundering case, holding the applicant had not shown a sufficient time-served basis for release.
Bail pending appeal was refused because the applicant failed to demonstrate that his intended appeal had a very high prospect of success or that his sentence was so short that refusal would be unfair; the judge found the grounds advanced were unmeritorious given the applicant's own admitted facts, prior convictions, period of absconding and the reasoned sentencing analysis of the trial judge.
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Given the amount processed (approximately HK$2.23 million), the frequency of transactions and the appellant's facilitation role, a custodial starting point of 25 months was appropriate; a 25% discount for a guilty plea entered on the first day reduced the sentence to 20 months which is not manifestly excessive; appeal dismissed.
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The Court of First Instance dismissed two stay applications, activated a suspended committal order, returned HK$500,000 to the defendant, and awarded costs to the plaintiff.
Bail was refused because the application merely repeated the previously dismissed application without any material change or new evidence, and the alleged collusion to induce guilty pleas was speculative and unsupported, therefore insufficient to justify bail pending appeal.
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The court dismissed the appeal and upheld the training centre order because the sentence was neither manifestly excessive nor legally erroneous given the seriousness of handling proceeds from a phone‑scam targeting an elderly victim, the appellant's repeated reoffending (including offences while on bail and disciplinary breaches in custody), lack of remorse, and the greater rehabilitative utility of a longer training centre order for this juvenile offender.
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Given the size of the unauthorised structures (approximately 74 sqm), the ongoing non‑compliance (structures remained at sentence hearing), the potential safety risk, and the lack of exceptional mitigation beyond a plea discount, the trial judge’s sentence of HK$30,000 plus a daily fine of HK$50 for 114 days (total HK$35,700) was not manifestly excessive and should be upheld.
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The licences had expired and were not valid after 6/7 May 2021 because renewal requirements under Cap.615 were not satisfied; transaction records together with appellants' admissions sufficiently proved operation of money services without a licence contrary to s29; the second appellant's admissions were clear, voluntary and adequate to support conviction and his application to adduce additional documents failed; the sentences of HKD3,000 per summons (total HKD39,000 for first and third; HKD36,000 for second) were within a reasonable and lenient range given the statutory purpose, scale of tran…
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