Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sentencing of fines
  • 31 Jan 1989

    THE QUEEN v. CHU YU SUN

    Citation
    THE QUEEN v. CHU YU SUN
    Court
    Court of First Instance
    Case number
    HCMA53/1989

    For hawking obstruction offences in the Tsimshatsui area, first offenders should generally be fined no more than HKD 600; subsequent offences may attract fines up to HKD 1,000 or higher for persistent recidivists; magistrates should apply this tariff consistently and may give mitigation (to HKD 800) where the offender voluntarily discloses prior offences; charging should normally be under the Hawker By-laws rather than the Summary Offences Ordinance to avoid inconsistent application of penalties.