Hong Kong Case Law: Decisions & Judgments

Topic

Triad-related violence

Legal area

Court

4 Apr 2001

HKSAR v. CHEUNG KWOK KAY

Citation

HKSAR v. CHEUNG KWOK KAY
Court

Court of Appeal
Case number

CACC377/2000

The Court held that the 12-year starting point for manslaughter was not manifestly excessive and an eight-year sentence for manslaughter was appropriate given the organised, premeditated triad attack and the applicant's significant role as lookout; however the concurrent five-year sentences for the unlawful wounding counts exceeded the statutory maximum under s19 Cap.212 and must be quashed and substituted with three-year sentences to run concurrently, leaving the overall effective sentence unchanged.
22 Jan 1992

R. v. LAM YIN SHUN

Citation

R. v. LAM YIN SHUN
Court

Court of Appeal
Case number

CACC280/1991

The Court refused leave to appeal because the trial judge properly considered the dangers of identification, found the victim's identification to be reliable and of good quality, and the appellate court was satisfied the conviction was not unsafe; the application to adjourn for legal representation was properly refused because the applicant failed to take the procedural step of requesting deferment after legal aid refusal.
4 Jan 1984

THE QUEEN v. CHAN CHI-WAI

Citation

THE QUEEN v. CHAN CHI-WAI
Court

Court of Appeal
Case number

CAAR17/1983

The detention centre order was set aside because orders of detention or training were inappropriate for a Section 17 attack of this gravity; public interest and deterrence required a custodial prison sentence. The appropriate first instance sentence would have been four years' imprisonment; reduced on review to three years' imprisonment and substituted for the existing order.
2 May 1978

LEE SIU-WAI v. THE QUEEN

Citation

LEE SIU-WAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC1263/1977

Conviction for wounding with intent was upheld; however, because the appellant's confession that he had "chopped" the victim, read in its ordinary sense, established at most a single blow rather than the multiple blows evident from the injuries, the Court reduced the sentence from four years to two and a half years while taking into account the appellant's prior convictions.
8 Aug 1973

HEUNG WAI KUEN v. THE QUEEN

Citation

HEUNG WAI KUEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC277/1973

Although protection of the public may require a substantial custodial sentence, the learned judge did not sufficiently account for the appellant's extreme youth; consequently the original sentence of 8 years was excessive and must be reduced to 5 years' imprisonment.

Hong Kong Case Law

HKSAR v. CHEUNG KWOK KAY

R. v. LAM YIN SHUN

THE QUEEN v. CHAN CHI-WAI

LEE SIU-WAI v. THE QUEEN

HEUNG WAI KUEN v. THE QUEEN