HKSAR V. LEUNG CHUNG MAN AND ANOTHER

[2025] HKCA 722 Court of Appeal 1 August 2025 • CACC105/2023 • 47 min read

10 cases cited (0 HK, 10 foreign)

Outcome

Conviction quashed

convictions are quashed and their sentences are duly set aside.

Source: [2025] HKCA 722, Court of Appeal, decided 1 August 2025. Read directly from the judgment.

Judges (3)

Anthea Pang Coram Macrae Coram Zervos Coram

Counsel (8)

Department of Justice Firm Johnny K.K. Leung & Co Firm S.Y. Wong & Co Firm Jack Hui Counsel Applicant Juno Choi Counsel Respondent Melvin Ho Counsel Applicant Samantha Chiu Counsel Respondent Simon So Counsel Applicant

Parties (3)

HKSAR Respondent Leung Chung Man Applicant Tsui Chi Hung Applicant

Case Significance

HKSAR V. LEUNG CHUNG MAN AND ANOTHER [2025] HKCA 722 was heard by the Court of Appeal on 1 August 2025, concerning the Crimes Ordinance (s 129) and the Immigration Ordinance. The Court of Appeal held: "convictions are quashed and their sentences are duly set aside."

Summary

Leung Chung Man (D4) and Tsui Chi Hung (D5) appealed against their District Court convictions for assisting unauthorised entrants to remain in Hong Kong. The case involved Vietnamese nationals working illegally at a construction site. The Court of Appeal dismissed both applications, finding no errors in the judge's assessment of the evidence.

What was the outcome of HKSAR v. Leung Chung Man and Another [2025] HKCA 722?

The Court of Appeal quashed the convictions and set aside the sentences, holding: "convictions are quashed and their sentences are duly set aside." The proceedings concerned the Crimes Ordinance, s 129, and the Immigration Ordinance.

Statutes Cited

Crimes Ordinance (Cap 200)

s 129

Immigration Ordinance (Cap 115)

Cases Cited (10)

HK (10)

(2006) 9 HKCFAR 574 (2008) 11 HKCFAR 91 (2010) 13 HKCFAR 142 (2012) 15 HKCFAR 162 (2013) 16 HKCFAR 195 (2018) 21 HKCFAR 167 [2010] 2 HKLRD 826 [2011] 5 HKLRD 371 [2022] HKDC 340 [2023] HKDC 589