Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Prosecutorial consent

  • 15 Mar 1976

    LEE HON-CHOY v. THE QUEEN

    Citation
    LEE HON-CHOY v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC221/1976

    Given the particular facts — loans were repaid, charged by a private department colleague, appellants had long public service and personal necessity, and prosecutions had a clear public‑interest purpose — the Court exercised its appellate discretion to allow the appeals to the extent that convictions should not be recorded (and in one case to set aside the fine), while acknowledging the statutory offence remains serious.

  • 15 Mar 1976

    CHAN HON-KEUNG v. THE QUEEN

    Citation
    CHAN HON-KEUNG v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC235/1976

    Given the mitigating factors—repayment of loans, exorbitant interest charged by lender, absence of departmental connection, length and good record of public service, financial hardship, and that prosecutions served a publicity and deterrent purpose—the Court allowed the appeals to the extent that convictions should not be recorded in all cases and set aside the fine in the more serious case (No.219), ordering its return if paid.

  • 15 Mar 1976

    LEE SHING-TIM v. THE QUEEN

    Citation
    LEE SHING-TIM v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC218/1976

    Given the appellants' circumstances — lack of official connection with the lender, loans for personal short-term needs, repayment, long public service and mitigating factors — the Court allowed the appeals to the extent that convictions should not be recorded; in the distinct but related case (No.219) the fine was set aside and no conviction recorded and any fine paid must be refunded.