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Hong Kong Case Law

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Criminal law [2019] HKCA 1240

HKSAR v. JIN BIN

The Court of Appeal allowed an application to correct a sentence after finding the earlier 3-month term had already been served and could not run concurrently.

  • Concurrent sentences
  • Credit for time served
  • Remission for good conduct
  • Application of section 67a criminal procedure ordinance
  • Criminal-sentencing
  • Concurrent-sentences
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Criminal law HKSAR v. SINGH, JASPREET

HKSAR v. SINGH, JASPREET

Appeal against sentence for theft partly allowed. The High Court upheld a four-month sentence but reduced it by 27 days for lawful remand credit; 33 days of administrative detention were not credited.

  • Theft
  • Starting point for sentence
  • Guilty plea discount
  • Previous convictions/recidivism
  • Credit for time served
  • Administrative detention
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Immigration law HKSAR v. MAZHAR UL HAQ

HKSAR v. MAZHAR UL HAQ

The High Court dismissed an appeal against sentence and refused to deduct 165 days of prior administrative detention from a 15-month term for working while under a deportation order.

  • Administrative detention
  • Credit for time served
  • Deportation order
  • Torture claim
  • Administrative-detention
  • Sentence-appeal
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Criminal law HKSAR v. TANVEER HUSSAIN

HKSAR v. TANVEER HUSSAIN

The Court of First Instance allowed a magistracy appeal by Tanveer Hussain, rejecting a claim for prison remission credit and substituting a sentence enabling immediate release.

  • Illegal remaining
  • Credit for time served
  • Remission for good conduct
  • Surrender discount
  • Totality principle
  • Statutory interpretation of s67a
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Criminal law HKSAR v. ARSHAD MUHAMMAD

HKSAR v. ARSHAD MUHAMMAD

The High Court dismissed a magistracy appeal, holding that the Magistrate sentenced the appellant correctly and properly credited time in administrative custody.

  • Sentence calculation
  • Credit for time served
  • Administrative custody
  • Sentencing
  • Criminal-appeal
  • Credit-for-time-served
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Criminal law HKSAR v. MUHAMMAD, YAMIN BUTT

HKSAR v. MUHAMMAD, YAMIN BUTT

The High Court dismissed a magistracy appeal against a 15-month sentence for using another person’s identity card, holding the sentence was consistent with established guidance.

  • Illegal entry
  • Unlawful remaining
  • Use of another person's identity card
  • Sentencing
  • Credit for time served
  • Concurrent sentences
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Criminal law HKSAR v. EME, PHILIPPE JEAN

HKSAR v. EME, PHILIPPE JEAN

On appeal against sentence for driving while disqualified and without insurance, the High Court quashed imprisonment and substituted 70 hours of community service.

  • Driving while disqualified
  • Driving without insurance
  • Community service as alternative to imprisonment
  • Credit for time served
  • Disqualification of driving licence
  • Professional licensing impact (sfc)
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Criminal law HKSAR v. CHAN HO

HKSAR v. CHAN HO

The Court of Appeal refused leave to appeal out of time against a 3-year copyright sentence, but excluded 2 months of custody under s83W.

  • Appeal out of time
  • Sentence
  • Delay in prosecution
  • Credit for time served
  • Statutory defence under copyright
  • Criminal-appeals
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Criminal law HKSAR v. NG KONG LING

HKSAR v. NG KONG LING

The Court of Appeal corrected a sentencing order that could not fully operate as expressed, substituting a 1-year consecutive term to reflect the judge’s intention.

  • Concurrent and consecutive sentences
  • Credit for time served
  • Remission
  • Inability to backdate sentences
  • Totality principle
  • Calculation of discharge date
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Criminal law HKSAR v. ALI AHMED

HKSAR v. ALI AHMED

The Court of Appeal dismissed a burglary appeal, upheld conviction and a 2 years 6 months sentence, and ruled that 3 months already served would not count.

  • Burglary of commercial premises
  • Evidence (fingerprint and possession)
  • Appeal against conviction and sentence
  • Credit for time served
  • Burglary
  • Criminal-appeal
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.