Hong Kong Case Law: Decisions & Judgments

Topic

Use of firearm

Legal area

Court

6 Sept 2007

HKSAR v. CHAN WAN CHEUNG AND ANOTHER

Citation

HKSAR v. CHAN WAN CHEUNG AND ANOTHER
Court

Court of Appeal
Case number

CACC439/2006

The judge's finding that the robbery was carefully planned and that the accused knew a firearm would be used was inevitable on the evidence (weapons in the getaway car, admissions, planning and conduct); therefore D1's sentence was appropriate and his appeal dismissed. D3's counsel misrepresented instructions to the court; because D3 would have received a greater discount but for counsel's conduct, D3's sentence was reduced to 10 years.
23 Dec 1999

HKSAR v. CHEUNG WAI TUN

Citation

HKSAR v. CHEUNG WAI TUN
Court

Court of Appeal
Case number

CACC331/1999

The Court held the sentencing judge correctly adopted a starting point reflecting that extreme violence was reasonably foreseeable from the appellant's prominent role in a planned daytime wages robbery; the appellant's lack of knowledge of a firearm did not render the starting point excessive and the sentence was upheld.
10 Jul 1998

HKSAR v. NGAN CHEUNG LAP

Citation

HKSAR v. NGAN CHEUNG LAP
Court

Court of Appeal
Case number

CACC21/1998

The Court held the aggregate sentence of 11 years was not wrong in principle nor manifestly excessive given the careful planning, involvement of a firearm and imitation firearm, and the separate burglaries; the trial judge's starting points and application of the totality principle and plea discount were appropriate; the application was dismissed and 3 months of custody were ordered not to count towards the sentence.
31 Jul 1991

THE QUEEN v. CHAN KUNG LING

Citation

THE QUEEN v. CHAN KUNG LING
Court

Court of Appeal
Case number

CACC107/1990

Majority held cross‑examination and the judge's directions were permissible because the applicant was not being questioned or formally accused by police at the relevant moments and the circumstances were such that any reasonable person would have protested; consequently no impermissible adverse inference from silence was invited and the jury directions on good character and lies were proper; other grounds of appeal were dismissed and convictions upheld.
1 Apr 1982

CHAN LING-KAI AND ANOTHER v. THE QUEEN

Citation

CHAN LING-KAI AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC728/1981

The Court upheld the aggregate 16-year sentence because the applicant was the person who possessed and fired a gun in two serious robberies, pleas of guilty give little mitigation where firearms terrorise the public, the accomplice's lesser sentence was justified by his lesser role and fewer charges, and the medical evidence did not warrant reducing the sentence.

Hong Kong Case Law

HKSAR v. CHAN WAN CHEUNG AND ANOTHER

HKSAR v. CHEUNG WAI TUN

HKSAR v. NGAN CHEUNG LAP

THE QUEEN v. CHAN KUNG LING

CHAN LING-KAI AND ANOTHER v. THE QUEEN