Hong Kong Case Law: Decisions & Judgments

Topic

Uttering

Legal area

Court

2 Nov 1995

R. v. HUNG CHIU-FAI

Citation

R. v. HUNG CHIU-FAI
Court

Court of Appeal
Case number

CACC253/1995

The Court upheld the trial judge's adverse credibility findings and concluded that, on the evidence before the court, the jury of fact (trial judge) was entitled to find the applicant acted dishonestly with intent to permanently deprive, that the transactions were procured for the defendant's benefit, and that the absence of two witnesses did not render the trial unfair; therefore there was sufficient evidence to support the convictions and leave to appeal was refused.
22 Jun 1993

R. v. MOHAMMAD FAISAL

Citation

R. v. MOHAMMAD FAISAL
Court

Court of Appeal
Case number

CACC540/1992

The court held that the offence to which the applicant pleaded guilty under s.76 was one of simple possession and corresponds to s.100(2) of the Crimes (Amendment) Ordinance, which reduced the maximum penalty to three years; under Article 12 the applicant was entitled to the benefit of the lighter penalty and the concurrent sentences must be varied to effect immediate release.
21 May 1991

THE QUEEN v. YEUNG MAU LAM

Citation

THE QUEEN v. YEUNG MAU LAM
Court

Court of Appeal
Case number

CACC550/1989

Although the trial judge in parts crossed the borderline of propriety by extensive questioning (notably of one defence witness), his interventions were largely legitimate attempts to obtain comprehensible and responsive answers to confused and evasive testimony; the questioning did not render the trial unfair and, given the overwhelming evidence, any improper questioning was harmless — appeal dismissed and convictions and sentences affirmed.
26 Jul 1990

THE QUEEN v. CHOW TIN WAH

Citation

THE QUEEN v. CHOW TIN WAH
Court

Court of Appeal
Case number

CACC549/1989

On a charge of forging or uttering where the face value of the forged notes is substantial, a six-year starting point is appropriate; after accounting for the guilty plea and other mitigation the sentence of three and a half years was appropriate and the appeal is dismissed.
29 May 1985

THE QUEEN v. CHAN YAM YICK

Citation

THE QUEEN v. CHAN YAM YICK
Court

Court of Appeal
Case number

CACC103/1985

The convictions were quashed because the trial judge treated photostat copies as forgeries when, as established in precedent, photocopies are not forgeries in themselves; the Crown conceded the convictions could not be supported on that basis and Hong Kong law had not been amended to criminalize use of copies in the manner the English Act does.
12 Mar 1985

THE QUEEN v. A1- D1- LEUNG WING-KAY AND ANOTHER

Citation

THE QUEEN v. A1- D1- LEUNG WING-KAY AND ANOTHER
Court

Court of Appeal
Case number

CACC50/1985

Entrapment, while not a legal defence, is a legitimate mitigating factor at sentencing; the District Judge erred in selecting too high a starting point for the first applicant (2 years was excessive for the circumstances) and the appropriate substituted sentence for the first applicant on the uttering count is 18 months; the concurrent 12 month sentence on the possession count remains; no alteration warranted for the second applicant whose 6 month sentence is appropriate given role and record.
24 Mar 1980

CHEUNG CHI-SANG v. THE QUEEN

Citation

CHEUNG CHI-SANG v. THE QUEEN
Court

Court of Appeal
Case number

CACC210/1980

The convictions were upheld because the trial magistrate could legitimately infer that the appellant knew the voucher was forged and that the deception, though practiced on bank officers, resulted in the dishonest appropriation of the victim's funds with an intent to permanently deprive; therefore convictions were safe though sentence was excessive and reduced.
16 Jul 1977

PHILLIP STANLEY JOSEPH GARTHWAITE v. THE QUEEN

Citation

PHILLIP STANLEY JOSEPH GARTHWAITE v. THE QUEEN
Court

Court of Appeal
Case number

CACC566/1977

The magistrate erred in principle by relying on old and unrelated previous convictions and by treating the sentence primarily as a general deterrent without accounting for recovery of goods; accordingly the appropriate sentence was reduced from three years to two years, to run concurrently and to date from conviction.
7 Sept 1976

SHEUNG KWOK LEUNG AND ANOTHER v. THE QUEEN

Citation

SHEUNG KWOK LEUNG AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC561/1976

The Court of Appeal upheld the first appellant's convictions because, viewing the evidence afresh, the combination of expert handwriting opinion, the appellant's unequivocal out-of-court denials, the unexplained replacement of four '1's with winning numbers and the missing upper half of the ticket established guilt beyond reasonable doubt; the second appellant's convictions were quashed for lack of proof of knowledge. The trial judge's speculative finding of an inside accomplice was unnecessary to sustain the convictions and did not render the verdict unsafe.
21 Jun 1973

CHAN SHUEN KAU AND ANOTHER v. THE QUEEN

Citation

CHAN SHUEN KAU AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC356/1973

The court held that the trial judge did not err: deterrence was a legitimate consideration in sentencing for commercial crime, it was proper to treat the appellants as not first offenders when related offences were taken into account, and the totality of the consecutive and concurrent sentences was appropriate; accordingly leave to appeal against sentence was refused.