Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Restitution order

  • 8 Dec 2009

    HKSAR v. LAU SI SING

    Citation
    HKSAR v. LAU SI SING
    Court
    Court of Appeal
    Case number
    CACC174/2009

    The Court upheld the sentence starting point for the bribery offence as not manifestly excessive given the substantial bribes, duration and breach of trust; it reduced the starting point for the conspiracy to pervert the course of justice from 18 to 12 months and, after credit for character, fixed 10 months for that offence, ordering 6 months of it to run consecutively to the bribery sentence to reflect the additional criminality while observing the totality principle, resulting in a total custodial term of 4 years 3 months.

  • 25 Jun 2009

    HKSAR v. TO YIU CHO

    Citation
    HKSAR v. TO YIU CHO
    Court
    Court of Appeal
    Case number
    CACC14/2009

    The appeal is allowed insofar as the judge erred in imposing a term of imprisonment in default of the s.12 restitution order and that part of the order is set aside; the remainder of the sentence (14 months, reduced from a 21‑month starting point for a guilty plea) is not manifestly excessive given the breach of trust, amount involved and need for deterrence.