Hong Kong Case Law: Decisions & Judgments

Topic

Possession of weapons

Legal area

Court

10 Oct 2005

HKSAR v. FAN KWOK WAI

Citation

HKSAR v. FAN KWOK WAI
Court

Court of Appeal
Case number

CACC264/2005

The court held that while possession of three medium‑power stun guns together with two extendable batons, stored with a stock of drugs and in the context of triad association, places the offence in the upper range of seriousness, the facts did not justify a four year starting point for the stun guns; an appropriate starting point was three years reduced to 24 months after guilty plea. For the batons the starting point was 15 months reduced to 10 months. The court varied the 5th and 6th charge sentences accordingly but confirmed the aggregate sentence under the totality principle at four years…
25 Sept 1998

HKSAR v. CHUNG CHI PIU AND OTHERS

Citation

HKSAR v. CHUNG CHI PIU AND OTHERS
Court

Court of Appeal
Case number

CACC453/1997

The Court held that the jury's acquittal on the trespass-with-arms count (count 1) and guilty verdict on the alternative possession count (count 2) were inconsistent such that no reasonable properly directed jury could have reached both verdicts; accordingly the conviction on count 2 (possession under s13 Cap.238) was quashed. The conviction for aggravated burglary (count 3) was upheld because the evidence against all appellants was sufficient and any trial irregularity did not produce a miscarriage of justice such that the proviso to s83 Cap.221 would apply.
30 Nov 1995

R. v. CHIM KONG PUN and Another

Citation

R. v. CHIM KONG PUN and Another
Court

Court of Appeal
Case number

CACC138/1995

Although the judge materially misdirected the jury on possession and erred in initial directions about police disciplinary matters, the totality of evidence (A1's statements and accomplice D1's evidence) was overwhelming so that the convictions were safe; A1's sentence was adjusted by ordering all counts to run concurrently, reducing total sentence from 17 to 15 years; A2's sentence was upheld.

Hong Kong Case Law

HKSAR v. FAN KWOK WAI

HKSAR v. CHUNG CHI PIU AND OTHERS

R. v. CHIM KONG PUN and Another