Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Triad-related offences

  • 26 Jun 2020

    香港特別行政區 訴 呂浚森及另二人

    Citation
    [2020] HKCA 516
    Court
    Court of Appeal
    Case number
    CACC331/2018

    The appeal succeeds in respect of convictions based on the amended charges because the late substitution of 'acting as triad members' materially altered the prosecution's case and prejudiced the defendants given the prior abandonment of key confession evidence; that amendment could not be characterized as merely technical and therefore convictions under charges (1) and (3) must be quashed. Separately, the trial judge's finding that the three appellants (aged about 13-14) had sufficient maturity and understanding to rebut doli incapax on the remaining charges was upheld based on their age, sch…

  • 23 Jul 2019

    HKSAR v. FONG KING CHOI

    Citation
    [2019] HKCA 776
    Court
    Court of Appeal
    Case number
    CACC319/2018

    The court held the judge erred in adopting too high a starting point for this particular case; given the lesser gravity (one-off small demand, no violence, no loss, victim controlled situation, intoxication and surrender) an appropriate starting point was 21 months and after a one-third reduction for guilty plea the proper sentence is 14 months imprisonment, so the appeal is allowed and the 20-month sentence set aside and substituted accordingly.

  • 23 Mar 2017

    HKSAR v. CHAN CHEUK HONG

    Citation
    HKSAR v. CHAN CHEUK HONG
    Court
    Court of Appeal
    Case number
    CACC5/2016

    The trial judge erred by applying a full one-third discount despite the appellant's prolonged absence and late guilty pleas; applying established precedents the appropriate discounts are 25% for Charges 1–6 and one-third for Charge 7, and when totality is properly applied certain sentences must run concurrently and only specified portions consecutively, yielding a substituted aggregate sentence of 45 months' imprisonment.

  • 23 Aug 2005

    HKSAR v. LI SHUI TUNG

    Citation
    HKSAR v. LI SHUI TUNG
    Court
    Court of Appeal
    Case number
    CACC94/2005

    The trial judge wrongly excluded cross-examination about the source of the information linking the applicant to the crime and the identification parade was procedurally unfair because the applicant was made to stand out; those errors created reasonable doubt about the identification and rendered the conviction unsafe, warranting quashing of the conviction.

  • 23 Mar 1982

    TSUI SHING-YAU AND ANOTHER v. THE QUEEN

    Citation
    TSUI SHING-YAU AND ANOTHER v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC364/1981

    The Court held that the cautioned statements and the conduct of showing locations/objects were properly admitted under existing authorities (notably NG Wai-ming), that any improper comment by Crown Counsel and passing reference to a third arrest were effectively cured by clear and firm judicial directions, and that confirmatory pointing by the second appellant did not produce injustice; therefore the convictions should be upheld and the appeals dismissed.