Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unlicensed sale of liquor

  • 12 Mar 2025

    香港特別行政區 訴 陳興濤

    Citation
    [2025] HKCFI 998
    Court
    Court of First Instance
    Case number
    HCMA369/2024

    Appellate court accepted the trial judge's credibility findings and objective facts that the premises operated as an open restaurant and that the appellant provided an opened bottle of wine and cups after accepting payment; those facts satisfied the elements of unlicensed sale/possession for sale under Cap.109 beyond reasonable doubt, so conviction is upheld; sentencing was mitigated due to small scale and appellant's circumstances and the fine was reduced to HK$2,000 payable within three months.

  • 17 May 2024

    香港特別行政區 訴 吳德熙

    Citation
    [2024] HKCFI 1890
    Court
    Court of First Instance
    Case number
    HCMA321/2023

    On rehearing the High Court found the magistrate's immediate custodial sentence was manifestly excessive given the small scale (12 beers), limited number of customers and premises size, the appellant's admission, lack of prior convictions and remorse; having regard to precedent the appropriate sentence was a fine of HK$10,000, and the appeal was allowed with the original custodial sentence quashed and replaced by that fine.