Read the full judgment text of CACC 000100/2003 on BabelCite. This Court of Appeal judgment was delivered on 21 October 2003 before Cheung JA, Lugar-Mawson J.
Criminal law – bribery – Prevention of Bribery Ordinance (Cap. 201) ss. 9(1)(b), 9(3) and 12(1) – conspiracy to accept advantages – conspiracy to use document with intent to deceive principal – Crimes Ordinance (Cap. 200) ss. 159A and 159C – sentencing – guilty plea – one-third discount – post-sentence assistance to authorities – reduction of sentence for cooperation with prosecution – applicant was senior freight officer at Qantas Freight Hong Kong who accepted bribes from forwarding companies for favouring them in cargo space reservations and conspired to manipulate invoices to his own benefit – applicant pleaded guilty to five charges – whether sentence should be reduced to reflect post-sentence assistance to authorities in prosecution of co-conspirators – applicant gave ICAC statement leading to charges against Addy Hung and Wei Show Ying – applicant testified in Hung's trial but was disbelieved by Magistrate – Wei Show Ying pleaded guilty, accepting truth of applicant's allegations – held, applicant should receive credit for cooperation and fulfilment of promise to assist authorities, but not at the 50% level reserved for 'supergrass' cases involving personal danger – leave to appeal granted – sentence on charge 3 made concurrent with charge 1 – total sentence reduced from 2 years 8 months to 2 years' imprisonment.
Legal issues: Reduction of sentence for post-sentence assistance to authorities
Outcome: Leave to appeal granted; appeal allowed in part. Sentence on charge 3 ordered to be served concurrently rather than consecutively with charge 1.
Cited by 7 cases