Read the full judgment text of CACC 000477/2006 on BabelCite. This Court of Appeal judgment was delivered on 28 February 2008 before Ma CJHC, Stuart-Moore VP.
Criminal law – bribery – Prevention of Bribery Ordinance (Cap 201) ss 4(2)(a), 4(2)(c) and 12(1) – public servant – chief building services engineer – Housing Department – acceptance of advantages totalling $1.5 million from contractors in public housing – whether sentence on retrial can exceed original sentence – Criminal Procedure Ordinance (Cap 221) 6th Schedule – omission of 'sentence of greater severity' restriction from English Criminal Appeal Act 1968 Schedule 2 – judge on retrial not fettered by original sentence – Choi Nai-yin followed – R v Chan Ho-kuen applied – whether partially consecutive sentences appropriate where offences involve different offerors and purposes – whether 6-year overall sentence appropriate – impact of corruption on public interest as dominant consideration – 'classic mould' of public corruption – whether delay between arrest and sentence should reduce sentence – applicant chose to contest charges – no discount warranted – whether fresh medical evidence of hepatocellular carcinoma and cirrhosis of the liver admissible under section 83V of Criminal Procedure Ordinance – whether ill-health reduces sentence for crimes of gravity – Yip Kai-foon v HKSAR applied – medical grounds seldom basis for sentence reduction for serious offences – application dismissed – sentence of 6 years' imprisonment upheld.
Legal issues: Whether sentence on retrial can exceed original sentence in totality · Whether 6-year overall sentence was appropriate for nine counts of corruption · Whether delay between arrest and sentence warrants reduction in sentence · Whether fresh medical evidence admissible and whether ill-health reduces sentence
Outcome: Application for leave to appeal against sentence dismissed; overall sentence of 6 years' imprisonment upheld.
Cites 1 case