Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Election fraud

  • 27 Jun 2022

    律政司司長 訴 李為民及另五人

    Citation
    [2022] HKCA 948
    Court
    Court of Appeal
    Case number
    CAAR20/2021

    The Court allowed the Secretary for Justice's sentence review application, concluding the original sentences were manifestly inadequate. It set new sentencing benchmarks and increased the custodial terms: R1 to 23 months, R2 to 20 months, R3 to 15 months, R4 to 11 months, R5 to 10 months and R6 to 10 months. The Court held appropriate starting points for offence 1 (conspiracy to provide benefits) were 16 months for the leader (R1) and 14 months for others, and for offence 4 (conspiracy to defraud IEEE/REO) a starting point of 24 months (reduced for R3). Four months were deducted for guilty pl…

  • 14 Mar 2014

    香港特別行政區 訴 梁李逢

    Citation
    香港特別行政區 訴 梁李逢
    Court
    Court of First Instance
    Case number
    HCMA829/2012

    The trial judge was entitled to reject the appellant's account and to infer from the totality of evidence (including the appellant's provision of detailed address information at registration, his ability to attend the designated polling station, and neutral handwriting evidence) that the appellant knowingly provided or authorised the false address; therefore the conviction was safe and the 3‑month custodial sentence, given the need for deterrence in electoral fraud and relevant precedent, was not manifestly excessive.