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Hong Kong decisions
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The Hong Kong Court of Appeal refused leave to appeal against sentence for conspiracy to commit misconduct in public office arising from prison telephone and cigarette contraband.
The appeal against a 5-month sentence for possession of 0.01g of cocaine was allowed. The court held the sentence was manifestly excessive and ordered an absolute discharge.
The Court of First Instance found Poon Chuk Hung guilty of criminal and civil contempt for abusive public remarks about a Labour Tribunal judge and breach of an undertaking over transcripts.
The Court of Appeal refused leave to appeal against sentence for theft and burglary, holding that the judge’s starting points, recidivism enhancements, and totality assessment were proper.
刑事上訴庭維持4個月監禁刑，裁定原審法官就非即時監禁、感化報告及量刑起點的處理並無原則性錯誤。
Having reheard the case on the evidence, the High Court concluded the magistrate's starting point of 7.5 weeks custody was appropriate for 0.58g of cocaine and that the magistrate acted leniently by granting a one-third plea discount (more than the usual one-fifth for a plea on the first day). The sentence of 5 weeks immediate custody was therefore not manifestly excessive and was upheld.
Source excerpt
The appeal was dismissed because, on the correct factual chronology, the appellant committed offences during a relevant police bail period such that the trial judge lawfully ordered the sentences to run consecutively with the other money‑laundering sentence; any misstatement of chronology by defence counsel did not render the sentencing decision legally wrong or manifestly excessive.
Source excerpt
The court found that the appellant occupied a pivotal active role in the laundering operation (a "runner" who knew transaction details), that the nature of money laundering warrants deterrent immediate custodial sentences absent exceptional circumstances, and that the magistrate's adoption of a 24-month starting point, reduction by one-third for plea and a further limited deduction for personal mitigation produced a justified 12-month immediate sentence. The sentencing decision was not plainly excessive and the appeal against sentence is dismissed.
Source excerpt
The Court dismissed the appeal: the trial judge's questioning fell within permissible bounds and did not deprive the appellant of a fair trial; the judge properly applied burden and precedent, reasonably rejected the appellant's account and accepted the complainant as credible; the evidence proved both counts of common assault beyond reasonable doubt; the sentence of three months for each count with a total effective term of five months (partly consecutive) was not manifestly excessive given the circumstances, prior record and deterrence considerations.
Source excerpt
Given the appellant's control of the account, the high frequency of transactions over a short period, the need for deterrence in money‑laundering offences, and absence of undue prosecutorial delay or sufficient mitigating factors, the 10‑month immediate custodial sentence was not manifestly excessive and was affirmed.
Source excerpt
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