18 Apr 2018
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.
27 May 2015
The Court upheld both convictions: the evidence of the undercover witness was accepted and established that the 1st applicant became aware of the group's intent and did not withdraw; the 2nd applicant's plea and admissions were valid and could not be re-opened. However, the court reduced the 1st applicant's sentence from 18 months to 15 months because he was not part of the assault party and there was no evidence he knew weapons would be used, making 15 months the appropriate starting point for his lesser role.
23 Jan 2007
The appellate court held that taken together the evidence supported the sole reasonable inference that the appellant was acting as a member of a triad society at the restaurant; the appellant's election not to give evidence permitted limited support for that inference (Li De Fan); there was no sufficient prejudice to order severance; and the custodial sentence of six months was appropriate and should not be suspended.
31 Aug 1999
Section 20(2) of the Societies Ordinance does not require proof of formal membership to convict for acting as a member; where expert and eyewitness evidence proves that a defendant responded to a triad summons and took part in conduct a triad commonly undertakes, an inference that he acted as a member is justified absent contrary evidence; naming a specific triad in the charge is unnecessary; on these bases the convictions and sentences were upheld and applications for leave to appeal were refused or dismissed.
19 May 1999
The appellate court held there was no basis to disturb the magistrate's finding that the undercover officers were reliable and that police were not required to caution the Appellant before conducting an undercover operation; accordingly the appeal was dismissed and the conviction upheld.
24 Jan 1997
The appeal was dismissed because the evidence showed voluntary participation rather than entrapment, the applicant's absconding was voluntary and therefore not a ground to complain about lack of opportunity to make representations, and the sentence of four years was not manifestly excessive given the seriousness of the offences and the context of rampant car thefts.
7 Sept 1995
Although the summing-up was robust and contained unfortunate phrases, the trial judge did not cross the line into advocacy or bind the jury; directions regarding pleas and acquittals and the handling of the defendant's admissions were adequate; considering the matters singly and cumulatively the conviction was not unsafe, and leave to appeal was refused.
4 Jun 1987
The Court held there was no substance to the entrapment allegation because the applicant actively marketed forged notes and would likely have sold them to others; the trial judge did not err in assessing the applicant's role or character; given the quantity and gravity a sentence of seven years was not manifestly excessive and the appeal against sentence was dismissed.
20 Feb 1981
The magistrate reasonably accepted the undercover officers' testimony and the contextual introductions and joint activity produced an irresistible inference that the appellant professed membership of the Sun Yee On triad; this satisfied the burden beyond reasonable doubt and the appellate court will not disturb credibility findings, therefore the conviction is upheld.