Hong Kong Case Law: Decisions & Judgments

Topic

Undercover operations

Legal area

Court

26 Jan 2018

HKSAR v. JALLOW PATEH AND ANOTHER

Citation

[2018] HKCFI 144
Court

Court of First Instance
Case number

HCMA81/2017

The trial magistrate's acceptance of the undercover officer's identification (by recognition for D1 and by Form 8 procedure for D3) was not shown to be plainly wrong; the delay and lack of forensic corroboration did not amount to such prejudice or unfairness as to justify a stay or to overturn convictions; the sentences imposed were within principled sentencing ranges and not manifestly excessive.
9 Nov 2017

香港特別行政區訴鄭會旋及另二人

Citation

香港特別行政區訴鄭會旋及另二人
Court

Court of Appeal
Case number

CACC138/2016

The renewed applications for leave to appeal were dismissed because the on-site recognition procedure was properly conducted and fair under the circumstances, the seized drugs’ location, packaging, quantity and consistency with prior undercover purchases made it the only reasonable inference that bar staff (the applicants) knew of and intended to traffic those drugs, and the trial judge did not err in admitting and relying on prior sales evidence or in drawing the necessary inferences beyond reasonable doubt.
7 Jul 2011

HKSAR v. CHU KWOK MING AND OTHERS

Citation

HKSAR v. CHU KWOK MING AND OTHERS
Court

Court of First Instance
Case number

HCMA781/2010

The appellate court upheld the Magistrate's findings that PW1 was a credible and reliable witness, that the occurrence book mistakes and PW1's drinking were trivial and did not undermine identification, that the uttered words reasonably implied continuing membership of triad societies absent evidence of renunciation, and that six months imprisonment for each appellant was not manifestly excessive given the public interest in suppressing triad societies.
28 Jul 2009

HKSAR v. CHING KUN KIN

Citation

HKSAR v. CHING KUN KIN
Court

Court of Appeal
Case number

CACC192/2008

Leave to appeal was refused because the trial judge, when her Reasons for Verdict are read as a whole, adequately identified and dealt with the defence, properly assessed credibility and resolved material inconsistencies; her findings on vice establishments and on reasonable grounds to believe part of the funds were proceeds of indictable offences were open on the evidence and sufficient to support the convictions.
26 Jun 2008

HKSAR v. AU KWOK CHAI

Citation

HKSAR v. AU KWOK CHAI
Court

Court of First Instance
Case number

HCMA410/2008

The court upheld the magistrate's application of the starting point of two years per trafficking offence within the first sentencing band, allowed one third credit for the guilty plea reducing each sentence to 16 months, and upheld the magistrate's decision to order the two 16 month sentences to run consecutively because the offences were separate and discrete; the overall sentence of 32 months was not manifestly excessive.
18 Jun 2008

HKSAR v. NG YAU KAU AND ANOTHER

Citation

HKSAR v. NG YAU KAU AND ANOTHER
Court

Court of Appeal
Case number

CACC374/2007

Where there are separate incidents of actual trafficking the correct approach is to adopt separate starting points for each transaction and then address totality by ordering partial concurrency; the judge did not err in principle, the police had no obligation to arrest after the first transaction, and although the judge was over‑generous in allowing the full plea discount, the total sentences were not manifestly excessive and the appeals were dismissed.
11 Jul 2007

HKSAR v. CHENG CHUN WAI

Citation

HKSAR v. CHENG CHUN WAI
Court

Court of First Instance
Case number

HCMA724/2006

The admissions made to undercover officers were admissible and, when assessed together with the circumstantial evidence (opportunity to access and alter examination materials, fingerprint and matching documents in others' possession), supported a safe conviction for misconduct in public office; however the original sentence was excessive in light of exceptional procedural history and absence of proven advantage, so sentence was set aside and replaced with a term allowing immediate release (time served).
9 May 2007

HKSAR v. WONG KEI FU

Citation

HKSAR v. WONG KEI FU
Court

Court of Appeal
Case number

CACC234/2006

The court dismissed the application for leave to appeal because the trial judge properly found the identification reliable on the basis of numerous, prolonged observations by a credible undercover officer and corroborative surveillance footage; the 1998 photo-showing did not render identification unsafe given the investigative context; Turnbull directions were appropriately applied; the parade officer was not biased; the video was admissible; and there was no lurking doubt.
22 Apr 2005

HKSAR v. LAU, CHI HUNG

Citation

HKSAR v. LAU, CHI HUNG
Court

Court of First Instance
Case number

HCMA1079/2004

Because the trial magistrate's finding that the undercover officer was a credible witness was unchallenged and there was no explanatory or contradictory evidence from the appellant, the appellate court upheld the conviction; the sentence of three months' imprisonment was appropriate given the nature of the offence and the appellant's antecedents.
17 Apr 2003

HKSAR v. CHEUNG KAM LUN

Citation

HKSAR v. CHEUNG KAM LUN
Court

Court of Appeal
Case number

CACC15/2003

Leave to appeal dismissed; the Court upheld the conviction and sentence because the judge permissibly relied on detailed taped transcripts and circumstantial inferences to conclude there was an agreement and that the applicant knew he was participating in a money laundering scheme; the undercover officers provided an opportunity but did not improperly persuade the applicant to offend; the sentence of two years and nine months was within principle after a modest reduction for illness and not manifestly excessive.