8 Dec 1999
HKSAR v. IP CHI KEUNG
- Citation
- HKSAR v. IP CHI KEUNG
- Court
- Court of First Instance
- Case number
- HCMA943/1999
The appeal court found the Magistrate erred in relying on environmental harm and an inference that the oil was smuggled when the provenance was not proved; although the offence properly falls within duty-evasion sentencing principles and prevalence can justify custody, the improper factual basis rendered the immediate custodial sentence excessive and it was substituted with a suspended sentence of six weeks imprisonment for two years.