HKSAR V. YIP KA YU

[2025] HKCA 573 Court of Appeal 19 June 2025 • CACC185/2023 • 58 min read
7 cases cited (0 HK, 7 foreign) Cited by 2 cases

Outcome

Appeal allowed

the appeal is allowed and the sentence is duly set aside.

Source: [2025] HKCA 573, Court of Appeal, decided 19 June 2025. Read directly from the judgment.

Judges (3)

Counsel (5)

Parties (2)

Case Significance

In HKSAR v. Yip Ka Yu [2025] HKCA 573, the Court of Appeal considered a sentence appeal engaging section 118 and section 118(1) of the Crimes Ordinance together with section 83(1) of the Criminal Procedure Ordinance. The court held that 'the appeal is allowed and the sentence is duly set aside.'

The decision drew on a range of authorities, including [1996] 4 HKC 395, (2016) 19 HKCFAR 679, (2019) 22 HKCFAR 368, [2017] 3 HKLRD 637, [2008] 3 HKLRD 655, [2000] 2 All ER 185 and [1976] AC 182, and was subsequently referred to in HKSAR v. Yip Ka Yu [2025] HKCA 718 and HKSAR v. Lam Siu Fung, Andy [2025] HKCA 826.

Summary

Non-refoulement appeal in the Court of Appeal where the unrepresented applicant challenged the Board's decision. The Court of Appeal dismissed the appeal.

What did the Court of Appeal decide in HKSAR v. Yip Ka Yu [2025] HKCA 573?

The Court of Appeal allowed the sentence appeal, holding that 'the appeal is allowed and the sentence is duly set aside,' in a matter engaging section 118 of the Crimes Ordinance and section 83(1) of the Criminal Procedure Ordinance.

Which later decisions referred to HKSAR v. Yip Ka Yu [2025] HKCA 573?

The decision was subsequently referred to in HKSAR v. Yip Ka Yu [2025] HKCA 718 and in HKSAR v. Lam Siu Fung, Andy [2025] HKCA 826, both later Court of Appeal matters engaging the same sentencing provisions.

Statutes Cited

Criminal Procedure Ordinance
s 83(1)

Cases Cited (7)

UK (2)
[1976] AC 182 [2000] 2 All ER 185
HK (5)
(2016) 19 HKCFAR 679 (2019) 22 HKCFAR 368 [1996] 4 HKC 395 [2008] 3 HKLRD 655 [2017] 3 HKLRD 637

Cited By (2)

Citation influence

HKLII records this judgment as cited by 3 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

Related cases

Other Hong Kong judgments involving the same parties or counsel.

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2025] HKCA 573)