Hong Kong Case Law: Decisions & Judgments

Topic

Plea discounts

Legal area

Court

21 Jun 2023

SECRETARY FOR JUSTICE v. LEE YING TUNG

Citation

[2023] HKCA 787
Court

Court of Appeal
Case number

CAAR12/2022

The Court allowed the Secretary for Justice's review, holding the sentencing judge improperly intervened in plea negotiations and miscarried in assessing facts and discount; the correct approach yields a starting point of 3 years' imprisonment for the perverting offence, a 25% discount for the plea (reducing to 27 months) and a further 9‑month reduction for delay and other circumstances, producing a substituted sentence of 18 months' imprisonment; Counts 1 and 3 remain on file not to be proceeded with without leave.
13 Mar 2020

HKSAR v. DANG HUNG NGOC

Citation

[2020] HKCA 167
Court

Court of Appeal
Case number

CACC217/2019

Given the large commercial scale demonstrated by the estimated annual yield and extensive cultivation apparatus, a starting point of 11 years’ imprisonment was appropriate; a reduced discount of 2 years and 6 months (about 23%) for a plea indicated late in the process was justified; leave to appeal was granted only on the appropriateness of starting points and culpability factors and not on the plea discount; the case was to be joined with Nguyen Thang Loi and Appeal Aid granted.
9 Dec 1998

HKSAR v. LEUNG KAI MING

Citation

HKSAR v. LEUNG KAI MING
Court

Court of Appeal
Case number

CACC174/1997

The Court held that the judge had the power to order the defendant to contribute to prosecution costs even after a guilty plea and that public policy encouraging pleas did not bar such an order where funds were available; accordingly the trial judge's order that the defendant pay HK$15,000 towards prosecution costs was proper and would not be disturbed.
6 Sept 1996

Attorney General v. WONG CHUNG LEE

Citation

Attorney General v. WONG CHUNG LEE
Court

Court of Appeal
Case number

CAAR10/1996

The Court held that the Wong Mok-din guideline applies to all offences under s.17I(1) regardless of the category of the employee and rejected the Tai Wai-hung approach of grading starting points by employee classification; given the respondent's recklessness and the number of employees the appropriate starting point was at least 20 months, but because of mitigation and time already served the Court substituted concurrent sentences of 13 months with the unserved balance suspended for two years, finding the magistrate erred in principle in starting at six months and imposing a 50% plea discount.

Hong Kong Case Law

SECRETARY FOR JUSTICE v. LEE YING TUNG

HKSAR v. DANG HUNG NGOC

HKSAR v. LEUNG KAI MING

Attorney General v. WONG CHUNG LEE