Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sentence jurisdiction

  • 17 Apr 2003

    HKSAR v. LAM SHING TAK

    Citation
    HKSAR v. LAM SHING TAK
    Court
    Court of Appeal
    Case number
    CACC490/2001

    The Court held that the judge's answers to the jury, given after discussion with and with the agreement of counsel, did not produce unfairness or prejudice warranting reversal; even if an irregularity occurred, the circumstantial and forensic evidence was overwhelming and the proviso would apply to sustain conviction. Separately, the court found the 18-year sentence for kidnapping exceeded jurisdiction, treated the abandonment of appeal against sentence as a nullity, granted leave to appeal sentence and reduced the kidnapping sentence to the statutory maximum of 7 years.

  • 20 Mar 1975

    WONG TUNG HEI v. THE QUEEN

    Citation
    WONG TUNG HEI v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC140/1975

    The one year imprisonment for taking the bicycle was beyond the magistrate's statutory jurisdiction under s.14(2) of the Theft Ordinance; substituting a fine (with an imprisonment option for non-payment) would unjustly increase the appellant's overall punishment because the original concurrent one year terms would remain, so the correct and just remedy was to set aside the illegal sentence and grant an unconditional discharge with no conviction recorded on that charge; the burglary sentences were proper and upheld.

  • 30 Jul 1973

    LAI SIU WA AND ANOTHER v. THE QUEEN

    Citation
    LAI SIU WA AND ANOTHER v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC475/1973

    The magistrate was entitled to convict of common assault but had no jurisdiction to impose 15 months because s.40 of the Offences Against the Persons Ordinance limits maximum imprisonment for common assault to one year; accordingly the appellate court set aside the 15-month sentences and substituted lawful six-month terms given the facts and time served.