Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Collective violence

  • 5 Jun 2023

    香港特別行政區 訴 施銘洋及另四人

    Citation
    [2023] HKDC 915
    Court
    District Court
    Case number
    DCCC788/2020

    The court held that sentencing for participants in the same large‑scale riot must start from substantial custodial starting points reflecting collective violence and the need for deterrence; defendants with similar equipment and roles to earlier convicted co‑participants received a five‑year starting point, while those with more limited involvement received a lower starting point (4 years 9 months); limited mitigation (time on bail, youth, limited role, caring responsibilities) justified modest month reductions, but good background alone did not warrant significant reduction.

  • 18 Dec 2020

    律政司司長 訴 庾家駒

    Citation
    [2020] HKCA 1019
    Court
    Court of Appeal
    Case number
    CAAR5/2020

    The magistrate erred in principle by isolating the respondent's brief act from the wider violent unlawful assembly targeting the Government Headquarters, misapprehended factual basis about knowledge and participation, and undervalued the punitive and deterrent elements; on re‑examination the appropriate starting point was 12 months' immediate imprisonment, reduced by one‑third for guilty plea, credited for time served and a discretionary one‑month reduction, resulting in a 7‑month immediate term.

  • 21 May 1999

    HKSAR v. KONG YIU KAM AND ANOTHER

    Citation
    HKSAR v. KONG YIU KAM AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC41/1999

    Although a 9-year starting point was on the high side, the court was not satisfied the resulting sentences were improperly excessive after accounting for the seriousness of the continued attack and the mitigation allowed (plea and health); therefore the appellate court will not disturb the sentences and the applications are dismissed.