Pang, Derek Wai Cheong 彭偉昌
HKSAR v Chan Chun Kit
| Summary Offences Ordinance s17
HK Court of Final Appeal, 15-Jul-2022
No thought crimes: in an encouraging sign that the highest HK court (but not the courts below) are robustly pushing back against overreaching prosecutions, the CFA unanimously overturns the Court of Appeal and Magistrate and rules that because cable ties are not manufactured for the purpose of restraining a person, they are outside the scope of the Summary Offences Ordinance, and the defendant's conviction is overturned. Applying the prosecution's wide interpretation would "do violence to the language" and "effectively turn the section into a thought crime" - Chief Justice Andrew Cheung Kui Nung.
HK Court of Final Appeal, 15-Jul-2022
No thought crimes: in an encouraging sign that the highest HK court (but not the courts below) are robustly pushing back against overreaching prosecutions, the CFA unanimously overturns the Court of Appeal and Magistrate and rules that because cable ties are not manufactured for the purpose of restraining a person, they are outside the scope of the Summary Offences Ordinance, and the defendant's conviction is overturned. Applying the prosecution's wide interpretation would "do violence to the language" and "effectively turn the section into a thought crime" - Chief Justice Andrew Cheung Kui Nung.
Six in 2016 LegCo Election bribery and vote-rigging case have sentences increased up to 23 months' jail after review
ICAC, 20-May-2022
ICAC, 20-May-2022
HKSAR v Chan Chun Kit
HK Court of Appeal, 11-Oct-2021
The appeal is dismissed. "The type of cable ties involved in the present case can be used for many unlawful purposes" - and that, apparently, with an inferred intent to use them, is enough to break the law. How many other things in your possession could be used for unlawful purposes? The pen in your hand, perhaps?
HK Court of Appeal, 11-Oct-2021
The appeal is dismissed. "The type of cable ties involved in the present case can be used for many unlawful purposes" - and that, apparently, with an inferred intent to use them, is enough to break the law. How many other things in your possession could be used for unlawful purposes? The pen in your hand, perhaps?
Judges criticise HK Justice Department over prosecution of possibly innocent man
HK Free Press, 12-Aug-2021
HK Free Press, 12-Aug-2021
HKSAR v Ma Ka Kin
HK Court of Appeal, 11-Aug-2021
Mr Ma succeeds in his appeal and his conviction is quashed. It emerges that the solicitors' clerk who originally advised him to plead guilty (a plea which he successfully withdrew) has convictions for rape, burglary and blackmail, amongst other things.
HK Court of Appeal, 11-Aug-2021
Mr Ma succeeds in his appeal and his conviction is quashed. It emerges that the solicitors' clerk who originally advised him to plead guilty (a plea which he successfully withdrew) has convictions for rape, burglary and blackmail, amongst other things.
11 in HKZM Bridge false concrete tests case have sentences increased up to 2 years' jail after review
ICAC, 2-Jul-2021
ICAC, 2-Jul-2021
SJ v Joshua Wong Chi Fung, Nathan Law Kwun Chung & Alex Chow Yong Kang
HK Court of Final Appeal, 6-Feb-2018
The appeal against the jail sentences imposed by the Court of Appeal succeeds. Magistrate June Cheung Ting Ngan's sentences of community service were not wrong in principle and not manifestly inadequate. They have already been served. The Court of Appeal can set sentencing guidelines but cannot retrospectively apply them. Paragraph 127 of the judgment rebukes certain comments of Court of Appeal VP Wally Yeung in his judgment.
HK Court of Final Appeal, 6-Feb-2018
The appeal against the jail sentences imposed by the Court of Appeal succeeds. Magistrate June Cheung Ting Ngan's sentences of community service were not wrong in principle and not manifestly inadequate. They have already been served. The Court of Appeal can set sentencing guidelines but cannot retrospectively apply them. Paragraph 127 of the judgment rebukes certain comments of Court of Appeal VP Wally Yeung in his judgment.
SJ v Joshua Wong Chi Fung, Nathan Law Kwun Chung & Alex Chow Yong Kang
HK Court of Appeal, 17-Aug-2017
The Court of Appeal substitutes the community service sentences (already served) issued by Magistrate June Cheung Ting Ngan, with jail terms for the Occupy trio.
HK Court of Appeal, 17-Aug-2017
The Court of Appeal substitutes the community service sentences (already served) issued by Magistrate June Cheung Ting Ngan, with jail terms for the Occupy trio.
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