Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Vote planting

  • 25 Mar 2014

    HKSAR v. TAI HIN WING

    Citation
    HKSAR v. TAI HIN WING
    Court
    Court of First Instance
    Case number
    HCMA108/2013

    The polling officers gave admissible lay evidence about checking ID numbers and faces and did not give inadmissible expert or identification evidence; the magistrate was entitled to infer from the near identical registration forms and the officers' unchallenged checking that the Appellant submitted the 2nd Form and attended the polling station; the conviction was safe and the immediate custodial sentence of 3 months was appropriate and not excessive given precedent on vote planting.

  • 15 Apr 2013

    HKSAR v. YIM HOI MAN

    Citation
    HKSAR v. YIM HOI MAN
    Court
    Court of First Instance
    Case number
    HCMA616/2012

    Lai Wai Cheong establishes the sentencing framework: deterrent immediate custody of two months or more for electors engaging in vote planting unless very special circumstances exist; applying that framework to the facts, there were no very special circumstances here, the Magistrate reasonably started at three months and after one‑third plea reductions imposed two months imprisonment for each appellant, and those sentences are not excessive or wrong in principle.

  • 15 Apr 2013

    HKSAR v. YIM SZE MING AND ANOTHER

    Citation
    HKSAR v. YIM SZE MING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMA610/2012

    Lai Wai Cheong establishes that vote planting warrants immediate custodial sentences of two months or more for electors absent very special circumstances; the Magistrate properly applied this guideline, found no very special circumstances, and the appellate court affirmed the two-month sentences.