Hong Kong Case Law: Decisions & Judgments

Topic

Supergrass doctrine

Legal area

Court

13 Sept 2023

HKSAR v. KHAN SADAM BILAND

Citation

[2023] HKCA 1056
Court

Court of Appeal
Case number

CACC53/2021

The appellant was entitled to a 50% overall reduction (inclusive of the one‑third plea discount) from the notional post‑trial sentence of 25½ years because his assistance materially contributed to the convictions but did not meet the exceptional 'supergrass' threshold; applying that 50% reduction produced a sentence of 12 years and 9 months' imprisonment, to which the court allowed the appeal and reduced the sentence accordingly.
16 May 2018

HKSAR v. CHEUNG CHI YUEN

Citation

[2018] HKCA 276
Court

Court of Appeal
Case number

CACC288/2015

The Court held the applicant provided valuable assistance but did not meet the high threshold to be classified as a 'supergrass' because his assistance related to a single incident and two co‑offenders only and did not demonstrate a high likelihood of actual harm; nonetheless persistent intimidatory behaviour warranted an extra discount beyond 50%, and the appeal was allowed, the original sentence set aside and substituted with 13 years 6 months imprisonment reflecting a total discount of 55%.
12 Jun 2001

HKSAR v. FAN PAK KEI

Citation

HKSAR v. FAN PAK KEI
Court

Court of Appeal
Case number

CACC62/2000

A defendant who, after sentence, provides crucial and risky evidence against co-offenders is entitled to a further discretionary reduction in sentence; the 'supergrass' concept does not entitle a defendant to an automatic or unlimited discount, and in this case the Court exercised its discretion to reduce the applicant's principal sentence from 16 to 12 years and concurrent sentences from 2 years to 18 months each because of his substantial assistance.
1 May 1986

THE QUEEN v. CHAN FU KUI

Citation

THE QUEEN v. CHAN FU KUI
Court

Court of Appeal
Case number

CACC6/1986

Where a defendant has given and undertaken to give extensive, risky assistance amounting to 'supergrass' cooperation, a two-thirds reduction of the appropriate custodial sentence is permissible; applying that principle the Court reduced the effective sentence from the judge's 28-year baseline to nine years concurrent on each count.

Hong Kong Case Law

HKSAR v. KHAN SADAM BILAND

HKSAR v. CHEUNG CHI YUEN

HKSAR v. FAN PAK KEI

THE QUEEN v. CHAN FU KUI