Datasets:
doc_id int64 1 172 | seg_id int64 1 397 | translation dict |
|---|---|---|
1 | 1 | {
"en": "Background facts",
"zh-HK": "背景事實"
} |
1 | 2 | {
"en": "The respondent (Ngai Fung-sin) was born on the Mainland. She came to Hong Kong in 1989 and reunited with her parents. She is married and has two daughters, who are respectively nine and six years old.",
"zh-HK": "答辯人（倪鳳仙）國內出生，在1989年來港和父母團聚。答辯人已婚，並有兩名女兒，年齡分別約9歲和6歲。"
} |
1 | 3 | {
"en": "On 12 December 2005 the respondent opened an account at the Bank of China (Hong Kong) (“the account’). She was the sole signatory of the account. Before 17 January 2011, no Canadian dollar had ever been deposited into or withdrawn from the account.",
"zh-HK": "2005年12月12日，答辯人在香港中國銀行開設了一帳戶（該帳戶），是該帳戶的唯一簽署人... |
1 | 4 | {
"en": "Between 17 and 21 January 2011, five sums of money in Canadian currency, totalling CAD$243,869.23, were transferred through the internet from an account held by two foreigners at the Hong Kong and Shanghai Banking Corporation Limited (Canada) into the account. On 24 January 2011, the Hong Kong and Shanghai ... |
1 | 5 | {
"en": "Between 18 and 22 January 2011 the respondent made six withdrawals from the account at three different branches of the Bank of China (Hong Kong). The total amount withdrawn was HK$1,906,800, leaving only about CAD $140 in the account.",
"zh-HK": "在2011年1月18日至22日期間，答辯人在香港中國銀行三間不同分行，共六次從該帳戶提取了共1,906,800港元，令... |
1 | 6 | {
"en": "Each time after the respondent withdrew money from the account she returned to the Mainland on the same day. After she left Hong Kong on 26 January 2011 she did not come back until 30 December 2011.",
"zh-HK": "答辯人每次從該帳戶提款後都會在同日返回內地。她在2011年1月26日離開香港後，便沒有再返港，直至2011年12月30日。"
} |
1 | 7 | {
"en": "Since the police had been informed of this matter, upon the respondent’s return to Hong Kong on 30 December 2011 she was intercepted and arrested at the Lo Wu Control Point.",
"zh-HK": "由於事件已知會警方，當答辯人在2011年12月30日返港時，在羅湖管制站被截停及拘捕。"
} |
1 | 8 | {
"en": "The result of these events was that the respondent was charged with one count of the offence of dealing with property known or reasonably believed to represent proceeds of an indictable offence, which is commonly known as the “money laundering” offence.",
"zh-HK": "事件導致答辯人被控一項處理已知道或有合理理由相信為代表「從可公訴罪行的得益的財產」... |
1 | 9 | {
"en": "The respondent pleaded not guilty and was tried before District Judge Gary Lam (“the trial judge”).",
"zh-HK": "答辯人否認控罪，並在區域法院法官林嘉欣（原審法官）席前受審。"
} |
1 | 10 | {
"en": "On 4 January 2013 the trial judge found the respondent guilty and on 18 January 2013 sentenced her to 10 months’ imprisonment (“the sentence”).",
"zh-HK": "2013年1月4日，原審法官裁定答辯人罪名成立，並於2013年1月18日判她入獄10個月（該判刑）。"
} |
1 | 11 | {
"en": "On 23 January 2013 the respondent applied for leave to appeal against her conviction, but on 15 February 2013 she notified the court that she abandoned her application, so her application for leave to appeal against conviction was dismissed.",
"zh-HK": "2013年1月23日，答辯人提出上訴許可申請，要求獲准就定罪上訴，但她在2013年2月15日通知法庭，表示... |
1 | 12 | {
"en": "On 1 February 2013 the applicant (Secretary for Justice) took the view that the sentence was so lenient that a reasonable judge, applying his mind to all relevant factors, would not reasonably consider to be within the appropriate range of sentences; and therefore applied to this Court under section 81A of t... |
1 | 13 | {
"en": "On 8 May 2013 the respondent stated by way of affidavit that she abandoned her application for leave to appeal against conviction only because she was ignorant of Hong Kong law, but that recently she was informed by her family members that there was fresh evidence and statement which could prove that she did... |
1 | 14 | {
"en": "The content of the respondent’s affidavit was regarded as her application to the court for treating the Notice of Abandonment of her appeal as a nullity and for restoring her application for leave to appeal against conviction.",
"zh-HK": "答辯人的誓章內容被視為她要求法庭將她放棄上訴的通知當作無效，並恢復她針對定罪的上訴許可申請。"
} |
1 | 15 | {
"en": "Therefore, we were required to deal with the respondent’s application for restoring her application for leave to appeal and the applicant’s application for review of the sentence.",
"zh-HK": "因此，本庭要處理答辯人要求法庭恢復其上訴許可的申請及申請人提出的刑期覆核申請。"
} |
1 | 16 | {
"en": "After the hearing, we dismissed the respondent’s application but granted the applicant’s application for review of the sentence, and we increased the respondent’s sentence from ten months to two years. The reasons for our judgment are set out below.",
"zh-HK": "經聆訊後，本庭駁回答辯人的申請，但批准申請人的覆核刑期申請。本庭將答辯人的刑期由10個月... |
1 | 17 | {
"en": "Grounds of the respondent’s application for treating the abandonment of her application as a nullity",
"zh-HK": "答辯人要求法庭視其放棄申請無效的理據"
} |
1 | 18 | {
"en": "In her affidavit the respondent explained that after the sentence was passed she was put in jail and could not extensively seek advice from professionals whom she trusted as to the details and procedures of her appeal, so that gradually she slacked off in her search for justice, with the result that she aban... |
1 | 19 | {
"en": "The respondent stated that having thought over this matter again and again and after she learnt from her family members that there was fresh evidence which could prove that she had no intention to commit the offence, that she had been made use of and that she was wrongly sent to jail because she, out of kind... |
1 | 20 | {
"en": "The respondent had abandoned her application for leave to appeal and accordingly the Court of Appeal had dismissed her application. The well established legal principle is that the court has no jurisdiction to deal with afresh a person’s application for leave to appeal unless the person’s abandonment of tha... |
1 | 21 | {
"en": "In HKSAR v Law Sui Kei [2007] 3 HKLRD 114 the Court of Appeal expounded on the legal principle about treating a Notice of Abandonment as a nullity as follows:",
"zh-HK": "上訴法庭在香港特別行政區訴羅水基 [2007] 3 HKLRD 114一案中就如何視放棄通知書為無效的法律原則作出以下的闡釋："
} |
1 | 22 | {
"en": "“(1)The right of appeal is conferred by statute. Once an (appeal) applicant has abandoned an appeal, which has accordingly been dismissed, the Court of Appeal does not have any inherent jurisdiction to entertain the reopening of the appeal unless the act of the abandonment is treated as a nullity, or the ma... |
1 | 23 | {
"en": "(2)Whether an applicant’s act of abandonment will be regarded as a nullity depends on his understanding of the effect or consequences of the document he was signing or, perhaps, misapprehending the effect of an appeal were he to persist. If the erroneous advice relied upon by the applicant relates to the na... |
1 | 24 | {
"en": "This principle was reaffirmed by the Court of Appeal in HKSAR v Ooi Lim Khoon [2011] 5 HKLRD 100. The Court of Appeal further held that in considering whether an appellant’s abandonment of his appeal was a nullity, the court’s concern was whether the abandonment of the appeal was the result of a deliberate ... |
1 | 25 | {
"en": "The respondent obviously was aware of the consequence which the abandonment of her application for [leave to] appeal would lead to. When she signed the Notice of Abandonment of her appeal she knew the nature of the Notice and certainly understood its effect. She also stated that she decided to abandon her ... |
1 | 26 | {
"en": "In these circumstances the respondent’s application did not comply with the principle laid down in Law Sui Kei. This Court does not have jurisdiction to reopen the appeal which she hoped to lodge.",
"zh-HK": "在這情況下，答辯人的申請不符合上述羅水基案定下的原則，本庭沒有管轄權重新處理她希望提出的上訴。"
} |
1 | 27 | {
"en": "Furthermore, looking at the background of this case and taking into account the respondent’s manner of dealing with the large amounts of money of dubious origin in the account, it could be said that the argument that she was just misled by her good friend and that when she was dealing with the money she had ... |
1 | 28 | {
"en": "Therefore, we rejected the respondent’s application for treating the Notice of Abandonment of her appeal as a nullity. We only dealt with the applicant’s application for review of the sentence.",
"zh-HK": "因此，本庭不批准答辯人要求法庭將其放棄上訴通知書視為無效的申請。本庭只處理申請人的覆核刑期申請。"
} |
1 | 29 | {
"en": "Mitigating factors submitted by respondent",
"zh-HK": "答辯人的求情理由"
} |
1 | 30 | {
"en": "At the trial the respondent explained that she committed the offence because in her mind what she intended to do was just to help her friend and she thought that what she was asked to do would cause her no sweat at all.",
"zh-HK": "原審時，答辯人指自己犯案，原因是一心幫朋友，以為只是舉手之勞。"
} |
1 | 31 | {
"en": "The respondent stated that she was a good friend of Madam Chen Yan [transliteration of 陳雁], who was a Mainlander, and that at the request of Madam Chen she let Madam Chen use the account for receiving a sum of remittance in Canadian currency. It turned out that within five days five sums of remittance, tota... |
1 | 32 | {
"en": "The respondent maintained that she did what she did out of kindness but was made use of by her friend. She asserted that in this incident she not only did not gain any benefit, but she had spent time and had suffered financial loss in the form of traffic expense, though it was small in amount. At the trial... |
1 | 33 | {
"en": "Trial judge’s reasons for sentence",
"zh-HK": "原審法官的判刑理由"
} |
1 | 34 | {
"en": "Before passing sentence, the trial judge called for a welfare report on the two daughters of the respondent. The trial judge said that the respondent’s mother-in-law could come to Hong Kong from the Mainland to help her take care of her daughters and that the respondent’s mother, if necessary, could also he... |
1 | 35 | {
"en": "The trial judge emphasized the serious nature of the offence of “money laundering” and pointed out that according to the sentencing guideline set in HKSAR v Hsu Yu Yi [2010] HKLRD 536, if the “black money” involved was between $1,000,000 to $2,000,000 the starting point should be in the order of three years’... |
1 | 36 | {
"en": "The trial judge said that besides the $1,900,000, cross-border criminal activities were also involved in this case.",
"zh-HK": "原審法官指出案件除了涉及190萬元外，亦涉及跨境犯罪。"
} |
1 | 37 | {
"en": "Having said that, the trial judge went on to say, ‘The defendant is a first time offender. She explained that she just wanted to help a good friend. The “money laundering” activities were parts of one single, isolated incident. The defendant wrongly reposed her trust in her good friend. The wrong she did... |
1 | 38 | {
"en": "Finally, the trial judge made the following comments:",
"zh-HK": "原審法官最終有以下評論："
} |
1 | 39 | {
"en": "‘ As regards the term of imprisonment, the defendant is indeed different from the offenders in the usual “money laundering” cases who sold their accounts to some people or gave some people the use of their accounts. I can exercise my discretion and give her a shorter sentence. In my view, the appropriate ... |
1 | 40 | {
"en": "Applicant’s grounds of review",
"zh-HK": "申請人的覆核理由"
} |
1 | 41 | {
"en": "Mr. Tam, Deputy Director of Public Prosecutions, for the applicant, submitted that the “black money” involved in this case was close to HK$2,000,000, which was transferred to the account on five separate occasions without the authorization of the owners. Mr. Tam stressed that the respondent made six withdra... |
1 | 42 | {
"en": "Mr. Tam submitted that the amount of “black money” involved was substantial, that the respondent had actively participated in the crime and that the case had an international dimension.",
"zh-HK": "譚專員認為涉案“黑錢”數額大，答辯人亦有積極參與罪行，而罪行更涉及國際層面。"
} |
1 | 43 | {
"en": "Mr. Tam emphasized that in cases of this nature in which the “black money” involved amounted to $2,000,000 or so, the sentence should not be less than two years and the appropriate starting point should be three years.",
"zh-HK": "譚專員力稱同類及涉及約200萬元“黑錢”的案件，判刑不應少過2年，而適當的量刑基準更應是3年。"
} |
1 | 44 | {
"en": "Mr. Tam contended that the trial judge should not have given the respondent an exceptionally lenient sentence just because she wrongly trusted her friend and the wrong she did was failure to make enquiries about the source of the “black money”.",
"zh-HK": "譚專員認為原審法官不應因為答辯人是錯信朋友，及錯在對“黑錢”的來源「不聞不問」，而額外輕判答辯人。"... |
1 | 45 | {
"en": "Mr. Tam pressed the point that as far as the “money laundering” offence is concerned, the ‘defendant’s ignorance of the actual source of the “illicit money” is not necessarily a mitigating factor. On the other hand, if there is evidence to prove that the money involved in the offence was actually “illicit m... |
1 | 46 | {
"en": "Mr. Tam considered that even if the respondent’s assertion that she had never received any reward for committing the offence was true, so that her culpability was lesser than that of the defendants in other cases of similar nature who had received a reward, the trial judge should not have drastically reduced... |
1 | 47 | {
"en": "Mr. Tam submitted that there were three aggravating factors in the present case: (1) The amount of money was about $1,900,000; (2) The respondent not only gave the account to another person for that person to use, but also within a matter of five days, she, on six occasions, personally withdrew the money and... |
1 | 48 | {
"en": "Mr. Tam concluded that the original sentence of ten months’ imprisonment fell “outside the range of sentences which a judge, applying his mind to all the relevant factors, could reasonably consider appropriate”.",
"zh-HK": "譚專員認為原判的10個月刑期“超出了法官經考慮所有有關因素後可合理地認為恰當的判刑範圍”。"
} |
1 | 49 | {
"en": "Respondent’s position",
"zh-HK": "答辯人的立場"
} |
1 | 50 | {
"en": "Mr. Yip, counsel for the respondent, submitted that the sentence in a “money laundering” case had to be determined according to the circumstances of that particular case, and that the court should take into account other factors apart from the amount of money involved and the cross-border criminal activities... |
1 | 51 | {
"en": "Mr. Yip also stressed that the respondent had no previous convictions and that she did not obtain any personal gains in this case. He argued that the trial judge was reasonable in finding that the present case was different from the usual “money laundering” cases in which what the offenders did was selling ... |
1 | 52 | {
"en": "Discussion",
"zh-HK": "討論"
} |
1 | 53 | {
"en": "This Court has on many occasions repeated the warning that “money laundering” is a very serious crime. One of the reasons is that in a modern society perpetrators of serious crimes are very often motivated by financial gains, so that to combat the crime of “money laundering” can be an effective measure agai... |
1 | 54 | {
"en": "Generally speaking, the sentence passed in a “money laundering” case is primarily to reflect the amount of the “illicit/black money” involved. Neither the fact that the “illicit/black money” was actually not derived from an indictable offence nor the defendant’s ignorance of the actual source of the “illici... |
1 | 55 | {
"en": "The respondent claimed that she wrongly believed her good friend and that her sole purpose of using her own bank account to receive the remittances was to help her friend. She stressed that the help she gave to her friend caused her no sweat and that she obtained no benefit at all from what she did.",
"zh... |
1 | 56 | {
"en": "What the respondent said was nothing but her own one-sided version of the story. Even on her own evidence, Madam Chen was just her friend, she should not have succumbed to the influence of her friend and committed the offence. The principles laid down by this Court in Chiu Kit & Zhao Hongqing and Chan Wai ... |
1 | 57 | {
"en": "We cannot overlook the fact that each time when money was remitted to the account the respondent would, shortly afterwards, withdrew most of the money in the form of cash and take it away from Hong Kong. This showed that she definitely had reasonable grounds to believe that these sums of money came from som... |
1 | 58 | {
"en": "The trial judge said that the culpability of the respondent was different from that of the offenders in the usual “money laundering” cases who sold their accounts to some people or gave some people the use of their accounts. We do not understand what difference the trial judge was referring to. If the tria... |
1 | 59 | {
"en": "The respondent not only allowed other people to use the account to receive “illicit/black money” which came from a foreign country, but she also directly dealt with the “illicit/black money”, including withdrawing the money from the account and then taking it away from Hong Kong. The fact that she did not g... |
1 | 60 | {
"en": "We do not approve the trial judge’s passing an extremely lenient sentence on the respondent for the reason that she was different from the offenders in the usual “money laundering” cases who sold their accounts to some people or gave some people the use of their accounts.",
"zh-HK": "本庭不同意原審法官以答辯人與一般「洗黑錢」案... |
1 | 61 | {
"en": "In our view, actually there is an aggravating factor in this case in that the respondent personally dealt with the “illicit/black money” in the account, in particular she withdrew the money and shortly after that she took it away from Hong Kong.",
"zh-HK": "本庭認為答辯人有份親自處理該帳戶內的“黑錢”，特別是在提取“黑錢”後很短時間內將“黑錢”帶離香港，... |
1 | 62 | {
"en": "At the trial, it was submitted on behalf of the respondent that she had two young daughters who needed her care and attention. The court was urged to take into account the effect of the respondent’s sentence on her daughters and to sentence her leniently and in a compassionate way.",
"zh-HK": "原審時，代表答辯人的律... |
1 | 63 | {
"en": "It is certainly true that when passing sentence the court should not totally ignore the consequences which the defendant and his family would suffer as a result of the sentence, but in considering the sentence to be passed in respect of a serious crime, the court cannot pay too much attention to how the defe... |
1 | 64 | {
"en": "“Money laundering” is a very serious crime, because it indirectly furthers the commission of serious crimes, especially international crimes; therefore, the court must deal with “money laundering” seriously in order to produce a deterrent effect. As a matter of fact, the effective crackdown on “money launde... |
1 | 65 | {
"en": "On the authority of Wan Kwok Keung, Hsu Yu Yi, HKSAR v Poon Lok Man (CACC 171/2012) and HKSAR v Zhan Jian Fu (CACC 258/2007), when the amount involved in the “money laundering” is $2,000,000 or so, the starting point is around three years’ imprisonment.",
"zh-HK": "根據雲國強、許有益、香港特別行政區訴潘樂民（CACC 171/2012）和香港特別... |
1 | 66 | {
"en": "The “illicit/black money” involved in the present case was about $1,900,000. The facts showed that what the respondent did was not limited to allowing the account to be used for “money laundering”; in addition to that she personally and actively dealt with the “illicit/black money”. We cannot shut our eyes... |
1 | 67 | {
"en": "In our judgment, even looking at this case from the angle most favourable to the respondent, the sentence which fits her should not have been less than imprisonment for two years and six months. The original sentence of 10 months’ imprisonment was manifestly lighter than any of the sentences in the range of... |
1 | 68 | {
"en": "Taking into account the fact that this application was an application for review of sentence and that this matter had hung over the respondent’s head for a long time, we came to the conclusion that the appropriate sentence was two years’ imprisonment.",
"zh-HK": "考慮到本申請是刑期覆核申請，而事件亦長時間困擾答辯人，本庭認為適當的判刑為2年監禁。"... |
1 | 69 | {
"en": "We granted the applicant’s application for review of sentence and increased the respondent’s sentence from 10 months’ imprisonment to two years imprisonment.",
"zh-HK": "本庭批准申請人的覆核刑期申請，並將答辯人原被判的10個月監禁上調至2年監禁。"
} |
2 | 1 | {
"en": "Hon Cheung, J.A. (giving the judgment of the Court):",
"zh-HK": "高等法院上訴法庭法官張澤祐宣讀上訴庭判案書:"
} |
2 | 2 | {
"en": "The Appeal",
"zh-HK": "上訴"
} |
2 | 3 | {
"en": "1.The three defendants have earlier been granted leave to appeal against sentence. They now formally lodge their appeal against sentence. The three defendants were charged with the offence of attempting to obtain property by deception, contrary to section 17(1) of the Theft Ordinance (Cap 210) and section 15... |
2 | 4 | {
"en": "The Facts",
"zh-HK": "案情"
} |
2 | 5 | {
"en": "2.The facts showed that when the witness was on her way home, the 1st defendant approached and asked her the way. Meanwhile the 2nd defendant appeared and said that the pill held in the 1st defendant’s hand was a very valuable medicine that could cure cancer etc. Whilst the 2nd defendant was using $500 in c... |
2 | 6 | {
"en": "Reasons for Sentence",
"zh-HK": "判刑理由"
} |
2 | 7 | {
"en": "3.Deputy District Judge E. Lin in his Reasons for Sentence pointed out that the facts and the method of deception in this case followed a certain mode. Usually such deception involved two or more fraudsters. The first fraudster would approach and deliberately show certain articles to the victim. The artic... |
2 | 8 | {
"en": "Organized and Serious Crimes Ordinance",
"zh-HK": "有組織及嚴重罪行條例"
} |
2 | 9 | {
"en": "4(a).In this case, the court’s jurisdiction of enhancing the sentence comes from the Organized and Serious Crimes Ordinance (Cap 455) (“the Ordinance”).",
"zh-HK": "4(a).在本案法庭加重刑罰的權力是來自香港法例第455章《有組織及嚴重罪行條例》(《條例》)。"
} |
2 | 10 | {
"en": "4(b).Section 27(1) of the Ordinance provides that the section applies where in proceedings in the District Court, a person has been convicted of a specified offence. Specified offences are any of the offences specified in Schedule 1 and their corresponding attempting offences. The offences listed in Schedu... |
2 | 11 | {
"en": "4(c).Section 27(11)(b) states that subject to subsections (12) and (13), where a court is satisfied beyond reasonable doubt as to any information furnished under subsection (2) or (8), the court shall have regard to such matter when it passes a sentence on the person for the relevant specified offence and ma... |
2 | 12 | {
"en": "4(d).Subsection (12) is not applicable to this case as it concerns the application for a confiscation order. Subsection (13) provides that a sentence passed pursuant to subsection (11) shall not exceed the maximum penalty permitted by law for that offence.",
"zh-HK": "4(d).第(12)款是關於沒收令的申請，這款並不適用於本案。第(13)... |
2 | 13 | {
"en": "4(e).Subsection (8) is concerned with an organized crime which is connected with the activities of a triad society. Subsection (8) is applicable where the court, upon the prosecution’s application made pursuant to subsection (4), determines whether the specified offence dealt with by the court is an organiz... |
2 | 14 | {
"en": "4(f). In considering whether to pass a more severe sentence or not, the court is not restricted to organized crimes. It may also decide upon the information furnished by the prosecution under subsection (2). Under subsection (2) the prosecution may furnish information to the court regarding any or all of t... |
2 | 15 | {
"en": "the nature and extent of any harm caused, directly or indirectly, to any person by the act in respect of which the person has been so convicted.",
"zh-HK": "該人被如此定罪所據的作為，直接或間接導致他人受損害的性質及程度。"
} |
2 | 16 | {
"en": "the nature and extent of any benefit, whether financial or otherwise, that accrued or was intended to accrue, directly or indirectly, to that or any other person from that act.",
"zh-HK": "因該作為而對該人或任何其他人直接或間接帶來的利益，或希望藉此帶來的利益(不論是否財務上的利益)的性質及程度。"
} |
2 | 17 | {
"en": "the prevalence of that specified offence.",
"zh-HK": "該指明的罪行的普遍程度。"
} |
2 | 18 | {
"en": "the nature and extent of any harm, whether direct or indirect, caused to the community by recent occurrences of that specified offence.",
"zh-HK": "由最近發生的指明的罪行，而直接或間接導致社區受損害的性質及程度。"
} |
2 | 19 | {
"en": "the nature and extent of the total benefit, whether financial or otherwise, accruing directly or indirectly to any person from recent occurrences of that specified offence.",
"zh-HK": "因最近發生的該指明的罪行，而對任何人直接或間接帶來的總利益，不論是財務上的利益的性質及程度。"
} |
2 | 20 | {
"en": "4(g).Apart from invoking subsection (8) referred to section 27(11)(b), the court may also under section 27(11)(a) pass an enhanced sentence on a specified offence which is an organized crime.",
"zh-HK": "4(g).除了第27(11)(b) 條提到的第(8)款外，法庭亦可以根據第27 (11)(a)條對屬於有組織罪行的指明罪行，加重刑罰。"
} |
2 | 21 | {
"en": "4(h).The defendants stated in their perfected grounds of appeal that this case does not involve organized crimes, and thus the court could not pass an enhanced sentence. Based on the above reasons, this ground of appeal cannot stand. Ms Chan, counsel for the defendants, also indicated today that she would ... |
2 | 22 | {
"en": "The Prosecution’s Evidence",
"zh-HK": "控方的証供"
} |
2 | 23 | {
"en": "5(a).The prosecution called three witnesses who were the officers-in-charge of the Regional Intelligence Units of the New Territories North Region, New Territories South Region and Kowloon West Region respectively.",
"zh-HK": "5(a).控方傳召了三名証人，分別為新界北區、南區及西九龍情報組的負責人。"
} |
2 | 24 | {
"en": "5(b).According to the material provided by the prosecution witnesses, in the New Territories North Region (including Yuen Long, Tai Po, Tuen Mun and Border Police Divisions), there were a total of 20 street deception cases for the year of 1999, involving property of $900,000. Between January and July 2000, ... |
2 | 25 | {
"en": "5(c).In the New Territories South Region (including Tsuen Wan, Kwai Chung, Sha Tin and Lantau Police Divisions), in 1999, there were a total of 99 complaints of street deception, involving property totalling $5 million. 31 of these cases concerned tonic medicine involving property of $1.23 million. There w... |
2 | 26 | {
"en": "5(d).In the Kowloon West Region (including Yau Ma Tei, Tsim Sha Tsui, Mong Kok, Cheung Sha Wan, Sham Shui Po, Shek Kip Mei, Kowloon City and Hung Hom Police Divisions), the number of cases for 1998 is 88, involving property totalling $4.1 million, only 16 cases of which were solved. The figure for 1999 is 9... |
2 | 27 | {
"en": "Reasons for Enhancement of Sentence",
"zh-HK": "加刑的理由"
} |
2 | 28 | {
"en": "The trial judge took the view that the evidence furnished by the",
"zh-HK": "原審法官認為警方所提供之証供符合條例第27 (3) 條所列出的限制，即是這些証供是在刑事法律程序接納為証供的資料，法官認為3名警方証人提出的數據都是在他們工作期間查閱警方根據已確定的制度下匯集的數據，此等資料是3名証人的個人知識範圍之內，不存在傳聞証供的問題，警方提供的証供並非証實他所提供的數據之中，每一宗都是正確的，而是只需要提出從這個數據之中，可以歸納到一定的模式，這個模式就是此等案件極之普遍，及涉及的財物的大約數目。"
} |
2 | 29 | {
"en": "police was in line with the requirement set out in section 27(3), namely, this evidence was material that was admissible in evidence in criminal proceedings. The judge considered that the data furnished by the three police witnesses were data obtained by them in their perusal of data obtained by the police ... |
2 | 30 | {
"en": "The Evidence of Sentencing",
"zh-HK": "量刑的証據"
} |
2 | 31 | {
"en": "This Court takes the view that the evidence furnished by the prosecution was evidence that might be admitted by the sentencing court. Section 27(3) of the Ordinance provides that criminal proceedings include proceedings in respect of sentencing. In Patrick Smith (1988) 87 Cr. App. R393, the English Court o... |
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