Hong Kong Case Law: Decisions & Judgments

Topic

Sentencing and suspension

Legal area

Court

26 Jul 2023

SECRETARY FOR JUSTICE v. SO YAT KAI

Citation

[2023] HKCFI 1932
Court

Court of First Instance
Case number

HCMP351/2023

The defendant's deliberate conduct on four occasions in December 2021 objectively interfered with and impeded the due administration of justice and constituted criminal contempt; a total custodial sentence of two months was appropriate but, having regard to substantial mitigation (mental and medical conditions, genuine remorse, family and financial hardship), that sentence was suspended for two years on specified conditions; indemnity costs in the sum claimed (HK$310,955) were awarded to the Secretary for Justice.
16 Mar 2021

SECRETARY FOR JUSTICE v. CHIN PO FUN

Citation

[2021] HKCFI 598
Court

Court of First Instance
Case number

HCMP231/2020

The defendant intentionally and persistently disobeyed a widely publicized injunction and ignored repeated on‑site warnings, thereby interfering with bailiffs and the administration of justice; this conduct warranted a custodial sentence to achieve deterrence, but considering guilty plea, remorse, limited role, short duration and absence of violence the court imposed 30 days' imprisonment and exercised discretion to suspend it for 12 months on condition of no further criminal contempt or imprisonable offences; costs of HK$400,000 were awarded to the plaintiff.
17 May 2006

HKSAR v. GUILLERMO, MILAGROS COSTALES

Citation

HKSAR v. GUILLERMO, MILAGROS COSTALES
Court

Court of First Instance
Case number

HCMA1166/2005

Although the learned Magistrate was entitled to impose immediate custody given the seriousness of the offence, the Court allowed the appeal on humanitarian and situational grounds — pregnancy, health concerns, clear record, delay in charging and cooperation with authorities — and substituted the immediate custodial sentence with a three month sentence suspended for two years in the special circumstances of the case.
28 Apr 2006

HKSAR v. PEARCE, MATT JAMES

Citation

HKSAR v. PEARCE, MATT JAMES
Court

Court of First Instance
Case number

HCMA1029/2005

The court quashed the convictions in HCMA 1029/2005 because the Magistrate's findings that the appellant's brief appearance on the closed race-track was likely to cause a breach of the peace and that a one-minute delay caused the requisite common injury were unsupported by evidence. The court upheld the conviction in HCMA 313/2006 because the appellant's planned climb and banner display foreseeably caused significant congestion and obstruction of rights common to the public, and he knew or ought to have known the consequences; the common law public nuisance charge was properly laid. The 21-da…
2 Aug 1996

R. v. HUI MING SANG

Citation

R. v. HUI MING SANG
Court

Court of First Instance
Case number

HCMA549/1996

The offences involved large‑scale manufacturing and storage of counterfeit medicine across multiple premises, which justified a custodial sentence; however, because the appellant had a clear record, pleaded guilty, cooperated with authorities and the seized pills were non‑toxic, the court suspended the six‑month imprisonment for two years while upholding the fines.

Hong Kong Case Law

SECRETARY FOR JUSTICE v. SO YAT KAI

SECRETARY FOR JUSTICE v. CHIN PO FUN

HKSAR v. GUILLERMO, MILAGROS COSTALES

HKSAR v. PEARCE, MATT JAMES

R. v. HUI MING SANG