Hong Kong Case Law

香港特別行政區 訴 劉彥俊

Court

Court of First Instance

Case number

HCMA417/2025

The magistrate erred in adopting an 18‑month starting point by misreading Dang Van Tuan and by unsupported findings of premeditation; the appropriate starting point on the proved facts is 12 months, and after applying the one‑third guilty plea discount the proper sentence is 8 months' imprisonment. The appeal is allowed and the sentence reduced accordingly.

Source excerpt

• Pickpocketing
• Sentencing starting point
• Guilty plea discount
• Previous convictions
• Aggravating and mitigating factors
• Smartphone theft

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HKSAR v. SUEN PING

Court

Court of Appeal

Case number

CACC217/2023

The Court of Appeal held that the sentencing judge used the wrong sequence in sentencing two pickpocketing charges, but upheld the overall 33-month sentence.

• Pickpocketing
• Guilty plea discount
• Totality principle
• Recidivism
• Aggravating factors
• Bail breach

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HKSAR v. SUEN PING

Court

Court of Appeal

Case number

CACC217/2023

Hong Kong Court of Appeal granted leave to appeal against sentence for pickpocketing, but refused bail pending appeal and ordered the appeal expedited.

• Theft
• Pickpocketing
• Leave to appeal
• Bail pending appeal
• Totality principle
• Guilty plea discount

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HKSAR v. TURBAT UNDRAKHBAYAR AND ANOTHER

Court

Court of Appeal

Case number

CACC113/2022

Court of Appeal refused leave to appeal for both applicants in a theft case involving an alleged pickpocketing gang, finding the conviction and sentence had no arguable basis.

• Theft
• Pickpocketing
• Joint enterprise
• Credibility of police witnesses
• Leave to appeal
• Plea discount

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HKSAR v. CHAN FEI LUNG

Court

Court of Appeal

Case number

CACC134/2021

Court of Appeal held the sentencing judge had not properly applied totality and adjusted concurrency in a pickpocketing sentence appeal.

• Pickpocketing
• Totality principle
• Concurrent and consecutive sentences
• Guilty plea discount
• Recidivism
• Totality-principle

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HKSAR v. CHAN FEI-LUNG

Court

Court of Appeal

Case number

CACC134/2021

Leave to appeal out of time was granted in a theft sentencing case, where the Court of Appeal found an arguable totality issue arising from largely consecutive sentences.

• Theft
• Pickpocketing
• Totality principle
• Guilty plea discount
• Recidivism
• Delay/extension

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HKSAR v. AU KIN WAH (also known as AU WA and AU KIN WA)

Court

Court of Appeal

Case number

CACC148/2021

The Court of Appeal refused leave to appeal against an 18-month sentence for theft of a mobile phone, holding the sentencing enhancements were justified.

• Theft
• Pickpocketing
• Sentence enhancement
• Totality principle
• Recidivism
• Guilty plea discount

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HKSAR v. MATELUNA ARAYA HUGO PEDRO AND AOTHERS

Court

Court of Appeal

Case number

CACC369/2019

The Court of Appeal dismissed leave applications against sentence for three Chilean nationals convicted of theft in Hong Kong, holding the sentences were not manifestly excessive.

• Pickpocketing
• Totality principle
• Aggravating factors
• Guilty plea discount
• International organised crime
• Sentencing-totality-principle

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HKSAR v. LAW KWOK HUNG

Court

Court of First Instance

Case number

HCMA487/2019

The High Court dismissed a magistracy appeal against conviction and sentence for theft, holding the guilty plea valid and the 6-month sentence not excessive.

• Theft (cap. 210)
• Pickpocketing
• Guilty plea
• Sentence guidelines
• Previous convictions
• Guilty-plea

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HKSAR v. TOMMY WINATA (also known as ANDY TAN, Andy TAN and ISMET)

Court

Court of Appeal

Case number

CACC357/2018

The Court of Appeal refused leave to appeal against a 46-month sentence for theft, attempted theft and repeated breach of deportation orders, finding no arguable excess.

• Pickpocketing
• Breach of deportation order
• Totality principle
• Plea discount
• Sentencing guidelines
• Deterrence

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