Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory defence under s17i(1a)

Legal area

Court

25 Aug 2022

HKSAR v. PUN KAM HUNG

Citation

[2022] HKCFI 2600
Court

Court of First Instance
Case number

HCMA183/2022

The Court upheld the magistrate's increase from the 3-month guideline to a total of 6 months concurrent, holding that the magistrate properly relied on the appellant's admissions and relevant aggravating features (deliberate employment of multiple unknown Form 8 holders for cheap labour) and that, given the deterrent purpose of s17I, the total sentence was not manifestly excessive.
3 Dec 2021

香港特別行政區訴黎樹棋

Citation

[2021] HKCFI 3583
Court

Court of First Instance
Case number

HCMA56/2021

The conviction was upheld because the appellant did not discharge the burden to establish the statutory defence under s17I(1A) — he failed to take all reasonably practicable steps (his enquiries were perfunctory and he fabricated an employment contract) and therefore the trial judge correctly rejected his evidence; sentencing followed established guidance (starting point 3 months reduced to 2.5 months) but, on appeal, the custodial sentence was suspended for 24 months given the appellant had been deceived and had substantial mitigation.