Read the full judgment text of CAAR 000005/1996 on BabelCite. This Court of Appeal judgment was delivered on 11 July 1996 before Power, V.-P., Mortimer, J.A., Mayo, J.A..
Criminal law – bribery – commercial corruption – soliciting an advantage – accepting an advantage – Prevention of Bribery Ordinance (Cap 201) s.9(1)(a) – s.12 restitution order – sentence review – manifestly inadequate sentence – gross breach of trust – deterrence – totality principle – discount for good character – mandatory restitution – employer as recipient – Court of Appeal – application for review granted – sentences varied to 3.5 years' imprisonment – fine quashed – restitution order of $491,000 to Mattel – two sets of offences – separate treatment required – starting point 3 years per set – reduction for good character – consecutive sentences adjusted under totality principle – further reduction per Wong Kwok-wai – no remorse – vigorous defence – no discount for plea – commercial corruption likened to insidious cancer – orders for restitution mandatory under s.12 – Caltex Oil case applied – employer Mattel entitled to restitution of bribe amounts.
Legal issues: Adequacy of sentence for commercial corruption · Mandatory restitution order under s.12 POBO
Outcome: Application for review granted; sentences varied to a total of 3.5 years' imprisonment; fine of $300,000 quashed; restitution order of $491,000 to Mattel made.
Cited by 3 cases