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Hong Kong decisions
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The trial judge's acceptance of the undercover officer's evidence was reasonable on the totality of the evidence; the discrepancies were peripheral, the officer's explanations and the handler's evidence were substantially consistent, and breaches of operational rules did not render the conviction unsafe; appeal dismissed.
Source excerpt
The Court of Appeal dismissed both conviction appeals but allowed the 1st applicant’s sentence appeal, reducing the term from 18 to 15 months.
High Court appeal dismissing a conviction for acting as a member of a triad society and confirming a 6-month custodial sentence.
The Court of Appeal refused leave to appeal against convictions for triad-related offences and dismissed sentence appeals, holding that s.20(2) does not require proof of formal membership.
The High Court dismissed a magistracy appeal against conviction for managing a vice establishment, holding there was no basis to disturb the magistrate’s credibility findings.
The Court of Appeal refused leave to appeal against a four-year sentence for conspiracy to steal cars and ship them to China, rejecting entrapment and excess sentencing arguments.
The Court of Appeal refused leave to appeal against conviction, holding that the judge’s robust summing-up, directions on a co-defendant’s acquittal, and treatment of other-offence admissions did not make the trial unsafe.
The Court of Appeal refused leave to appeal against a seven-year sentence for uttering 478 forged HK$1,000 banknotes, rejecting arguments based on entrapment and sentence excess.
The court dismissed a criminal appeal against conviction for professing membership of an unlawful triad society, finding the evidence supported an irresistible inference.
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