Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Triad association

  • 10 Oct 2005

    HKSAR v. FAN KWOK WAI

    Citation
    HKSAR v. FAN KWOK WAI
    Court
    Court of Appeal
    Case number
    CACC264/2005

    The court held that while possession of three medium‑power stun guns together with two extendable batons, stored with a stock of drugs and in the context of triad association, places the offence in the upper range of seriousness, the facts did not justify a four year starting point for the stun guns; an appropriate starting point was three years reduced to 24 months after guilty plea. For the batons the starting point was 15 months reduced to 10 months. The court varied the 5th and 6th charge sentences accordingly but confirmed the aggregate sentence under the totality principle at four years…

  • 26 May 1999

    HKSAR v. CHOY CHUNG YEE

    Citation
    HKSAR v. CHOY CHUNG YEE
    Court
    Court of Appeal
    Case number
    CACC482/1998

    The trial judge, having carefully assessed credibility and identification issues and having rejected the defendant's account, must be taken to have applied the correct criminal standard; the identification evidence, although potentially contaminated by inter-witness discussion, remained reliable on the judge's assessment and convictions and concurrent two-year sentences are safe and appropriate, so leave to appeal is dismissed.

  • 18 Jul 1983

    LAM KAN v. THE QUEEN

    Citation
    LAM KAN v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC736/1983

    The learned magistrate correctly relied on the probation officer's report (which had been read and agreed by the appellant), properly took judicial notice that the phrase indicated triad association, and exercised sentencing discretion within lawful bounds; therefore the sentence was proper and the appeal must be dismissed.

  • 18 Aug 1975

    CHAN KWONG-MING v. THE QUEEN

    Citation
    CHAN KWONG-MING v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC600/1975

    The appellate court held that although custodial sentences were appropriate given the appellant's record and pattern of offending, the aggregate sentence of three years was excessive in all the circumstances (small amounts stolen totalling $24 and no violence); therefore the court substituted six months for each twelve-month sentence, maintained the magistrate's orders otherwise, reducing the overall sentence to eighteen months.

  • WONG CHEUNG-WAI v. THE QUEEN

    Citation
    WONG CHEUNG-WAI v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC318/1971

    Appeal allowed and conviction quashed because the Crown evidence before the jury did not establish that the appellant shared a common intention to kill or cause grievous bodily harm or that he used or knew of the use of knives; the incriminating admission in a separate undetermined confession was not before the jury and therefore the trial judge should have directed an acquittal at the close of the prosecution case.