55 lines
3.4 KiB
YAML
55 lines
3.4 KiB
YAML
plaintiff: []
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defendant:
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- HO WAI CHING (何惠貞)
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jurisdiction_code: HKCA
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jurisdiction_name: 香港特別行政區高等法院上訴法庭
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case_location:
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- 香港特別行政區
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case_reason: "The applicant sought leave to appeal against her conviction after trial by Deputy High Court\
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\ Judge, "
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case_object:
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- conviction for fraud
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- sentences of imprisonment
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judgment_result:
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- charge: Sentence of Kenny Leung (liability issue)
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result: Allowed. The court determined that the sentence imposed on Kenny Leung was entirely appropriate.
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- charge: Sentence of Hui Po Keung (liability issue)
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result: Disallowed. The court quashed 3 months of each of the sentences imposed in respect of Counts
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4, 6 to 9 and substituted a total sentence of 6 years’ imprisonment for Hui Po Keung.
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- charge: Sentence of the applicant (liability issue)
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result: Allowed. The court allowed the application for leave to appeal against sentence and imposed
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a new sentence of 7 years and 3 months’ imprisonment on the applicant, quashing the previous total
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sentence of 7 years and 3 months’ imprisonment.
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judgment_summary: >-
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本案涉及何惠貞女士因涉嫌欺诈而被定罪并提出上诉。核心争议在于对四位证人的证据处理方式及其陈述的可信度。法院认为，尽管检方在交叉询问中使用了引导性问题和不当评论，但这些并未实质损害被告的辩护案情。然而，法官在讯问肯尼·梁时的干预被认为是不恰当的。此外，关于Cyberspace公司的文件记录是否在警方调查时可用的问题也进行了讨论。最终，法院允许何惠貞女士针对其刑罚提出上诉，并将她的总刑期从7年3个月减至7年3个月。同时，肯尼·梁和胡宝康的刑罚维持不变。
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involved_entities:
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- entity_name: Hon Lunn JA
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reason: Presiding judge in this case, responsible for fact-finding and adjudication.
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- entity_name: Andrew Chan (as he was then)
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reason: Deputy High Court Judge who presided over the trial of the applicant and her co-accuseds.
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- entity_name: Mr Kenny Leung
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reason: Co-accused with the applicant, mentioned in the context of their relationship.
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- entity_name: Mr Hui Po Keung
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reason: Co-accused with the applicant, mentioned in the context of their relationship.
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- entity_name: Mr Joe Lai Yiu Cho
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reason: Former employee of Cyberspeed and a witness whose evidence was criticized for being improperly
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adduced.
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- entity_name: Mr Danny Ho Kwai Yuen
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reason: Brother of the applicant, former employee of Cyberspeed and a witness whose evidence was criticized
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for being improperly adduced.
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- entity_name: Ms Ann Ng Mee Lin
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reason: Former employee of Cyberspeed and a witness whose evidence was criticized for being improperly
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adduced.
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- entity_name: Mr Marco Chan Yik Lung
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reason: Former employee of Cyberspeed and a witness whose evidence was criticized for being improperly
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adduced.
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- entity_name: Cyberspeed Technology Company Limited (Cyberspeed)
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reason: Company involved in the fraud allegations, mentioned as the entity on behalf of which applications
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were made to banks.
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- entity_name: Super Dragon Technology
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reason: Company associated with Mr Danny Ho Kwai Yuen, a former employee and witness.
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- entity_name: Standard Chartered Bank (Hong Kong) Limited
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reason: Bank that was allegedly defrauded as per the counts of fraud.
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- entity_name: HKSAR
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reason: Respondent in the case, representing the Hong Kong Special Administrative Region.
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