Hong Kong Case Law: Decisions & Judgments

Topic

Soliciting advantage

Legal area

Court

22 Mar 2012

律政司司長訴鄧樹昌

Citation

律政司司長訴鄧樹昌
Court

Court of Appeal
Case number

CAAR7/2011

The Court allowed the prosecution's review: the magistrate's imposition of a suspended sentence was a principled error. For bribery under POBO s4(2)(a) involving a public body the baseline is immediate custody absent genuine special circumstances; the defendant's personal mitigation did not constitute such circumstances. The concurrent eight-month custodial sentences and fines remain but the suspension is revoked.
3 Jan 2003

HKSAR v. CHOW KAI SHUN, ALEXANDER

Citation

HKSAR v. CHOW KAI SHUN, ALEXANDER
Court

Court of Appeal
Case number

CACC147/2002

The Court held the judge correctly applied the Kong Kam-piu capacity test and, on the evidence, properly found that the applicant solicited advantages by offering to use confidential and restricted government information and his judgment as an Administrative Officer to provide qualified leads to financial advisers in return for commissions; the trial judge's acceptance of the witnesses' evidence was open on the record and the convictions were therefore upheld.
31 Oct 1996

R. v. TONG TSAN SING

Citation

R. v. TONG TSAN SING
Court

Court of First Instance
Case number

HCMA967/1996

The magistrate's findings that advantages were solicited and accepted to secure renewal of PW1's contract were supported by evidence that the appellant said he could facilitate renewal and that entertainment fees were necessary; a favourable staff report was an integral part of the renewal process, and the minor discrepancies between witnesses did not undermine the credibility findings, therefore the convictions are safe and the appeal fails.
1 Jul 1996

THE QUEEN v. FU JIH

Citation

THE QUEEN v. FU JIH
Court

Court of First Instance
Case number

HCMA389/1996

The magistrate's findings that the China trip constituted an advantage, that the Appellant initiated the trip and solicited payment, and that the payment was given because of his official position were supported by legitimate inferences from the evidence; the inspection request forms were unproven hearsay and did not establish an alibi, so the convictions were properly upheld.
7 Aug 1991

THE QUEEN v. MAK CHIU MING

Citation

THE QUEEN v. MAK CHIU MING
Court

Court of Appeal
Case number

CACC561/1990

Application for leave to appeal was refused because the trial judge's credibility findings were supported by corroborative evidence (recordings and undercover officer), the solicitation was properly found to be for the purpose of preventing demolition, and the convictions were not unsafe or unsatisfactory.
29 Mar 1990

THE QUEEN v. CHAN KOON KWOK ARTHUR

Citation

THE QUEEN v. CHAN KOON KWOK ARTHUR
Court

Court of Appeal
Case number

CACC438/1989

The Court held the trial judge properly assessed the evidence, including testimony of witnesses granted immunity, and that uncontradicted evidence established guilt beyond reasonable doubt; the appellant's legal submissions (that subsection (a) could not be proved without proof of subsection (b) and that absence of proof of employer receipt vitiated convictions) were rejected; accordingly there was no basis to grant leave and the convictions were safe and must be affirmed.
9 Jul 1983

THE QUEEN v. NG YIU-KAI

Citation

THE QUEEN v. NG YIU-KAI
Court

Court of Appeal
Case number

CACC721/1983

Major, material inconsistencies between the principal prosecution witnesses rendered the convictions on charges A (soliciting) and B (accepting) unsafe; magistrate's reliance on s.25 in relation to the soliciting charge was erroneous but immaterial to the reasoning; the third charge lacked evidential support that the letter was removed from prison; therefore convictions on A, B and C were quashed and sentences set aside.

Hong Kong Case Law

律政司司長 訴 鄧樹昌

HKSAR v. CHOW KAI SHUN, ALEXANDER

R. v. TONG TSAN SING

THE QUEEN v. FU JIH

THE QUEEN v. MAK CHIU MING

THE QUEEN v. CHAN KOON KWOK ARTHUR

THE QUEEN v. NG YIU-KAI

律政司司長訴鄧樹昌