Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Restitution under s12(2) pobo
  • 27 Jan 2016

    HKSAR v. YAU CHUN KIT

    Citation
    HKSAR v. YAU CHUN KIT
    Court
    Court of First Instance
    Case number
    HCMA645/2015

    Given the appellant, a sergeant, repeatedly borrowed from junior subordinates over a sustained period thereby creating vulnerability and undermining discipline, an immediate custodial sentence was justified and no exceptional circumstances existed to suspend it; however the aggregate sentence of 14 months was excessive in light of time already served and remission prospects, and the restitution order for HK$26,000 was quashed because the amount had been repaid to the private victim rendering the governmental restitution obsolete.