Hong Kong Case Law: Decisions & Judgments

Topic

Triad intimidation

Legal area

Court

8 Feb 2006

HKSAR v. YEUNG WAN KAM

Citation

HKSAR v. YEUNG WAN KAM
Court

Court of Appeal
Case number

CACC398/2004

The appellant's claim of triad membership combined with implications that trouble would follow and the explicit demand for monthly payments (masked as wages) amounted to an unwarranted demand made with menaces; the trial judge's acceptance of the prosecution evidence was reasonable and the application for leave to appeal against conviction on that charge is dismissed; no order made under s83W.
8 Jan 1997

THE QUEEN v. MAK WING HIN

Citation

THE QUEEN v. MAK WING HIN
Court

Court of Appeal
Case number

CACC383/1996

The trial judge accepted the victim as a credible witness, rejected the applicant's account, applied the correct objective test for whether the words and conduct constituted a menacing demand, and concluded the elements of blackmail were proved; accordingly leave to appeal was refused and conviction and sentence upheld.
17 May 1995

R. v. NGAI CHUEN MAU

Citation

R. v. NGAI CHUEN MAU
Court

Court of Appeal
Case number

CACC500/1994

The recorded conversation and transcript showed demands accompanied by menacing references (including to the Wo Shing Wo triad) and no legitimate right to demand money; the conviction was therefore safe and the sentence fell within proper judicial discretion and was not excessive.
10 Jul 1990

THE QUEEN v. FONG LAU HUNG AND ANOTHER

Citation

THE QUEEN v. FONG LAU HUNG AND ANOTHER
Court

Court of Appeal
Case number

CACC514/1989

The court upheld the convictions because the evidence established deprivation of liberty by threats and concerted action; the trial judge's credibility findings (including rejection or discounting of the alibi) were not plainly wrong and triad intimidation was a relevant contextual factor, therefore the convictions on Charges 1 and 2 were safe and must be affirmed.
26 Nov 1987

THE QUEEN v. CHAN KWAN KAN

Citation

THE QUEEN v. CHAN KWAN KAN
Court

Court of Appeal
Case number

CACC391/1987

The Court dismissed the application, holding that the victim's belief that the appellant was a triad member was sufficient for blackmail; the sentences imposed (2 years for blackmail and concurrent 9 months for each theft) were not manifestly excessive and were justified despite the appellant's drug dependence and prior convictions.

Hong Kong Case Law

HKSAR v. YEUNG WAN KAM

THE QUEEN v. MAK WING HIN

R. v. NGAI CHUEN MAU

THE QUEEN v. FONG LAU HUNG AND ANOTHER

THE QUEEN v. CHAN KWAN KAN