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HCMA180/2025
香港特別行政區 訴 周貴輝
Case Details
Case ReferenceHCMA180/2025
CourtCourt of First Instance of the High Court 高等法院(原訟法庭)
Date Published2026-03-20
LanguageTraditional Chinese
NCN[2026] HKCFI 144
Claimant / Applicant香港特別行政區
Defendant / Respondent周貴輝
Judges高等法院原訟法庭暫委法官王詩麗
Claimant Counsel律政司高級檢控官馮美琪女士
Defendant Counsel潘展平大律師
Defendant Solicitors麥耀華律師行
Judgment Summary
Facts
- •Appellant demanded HK$350/day kickback from worker Lau.
- •Total amount accepted was HK$43,925.
- •Appellant threatened Lau would not need to work if he refused.
- •Witness Lau had a prior conviction for making false statements.
- •Appellant denied charges in police caution statement (P9).
- •Magistrate convicted appellant on both counts.
Issues
- •Credibility of sole prosecution witness despite prior conviction.
- •Magistrate's handling of witness's claim about lost phone recording.
- •Evaluation of appellant's caution statement (P9).
- •Impact of witness's re-examination comment on the case.
- •Whether conviction was safe and satisfactory.
Outcome
- •Appeal dismissed.
- •Convictions upheld.
- •Sentence of 6 months imprisonment on each count maintained.
- •Sentences to run concurrently.
- •Appellant to serve sentence immediately.
Implication
- •Magistrate appeals are conducted by way of rehearing.
- •Appellate court shows caution overturning oral evidence findings.
- •Witness credibility assessment remains paramount.
- •Minor inconsistencies do not necessarily undermine conviction.
Laws & Authorities Cited
- §Prevention of Bribery Ordinance (Cap. 201), s.9(1)(a), 12(1)
- §Theft Ordinance (Cap. 210), s.23(1), 23(3)
- §HKSAR v Poon Chi Man HCMA 801/2023
- §R v Ng Wing Ming CACC 280/1994
- §HKSAR v Yu Xin Chun HCMA 202/2010
- §R v Sharp [1988] 1 WLR 7
- §HKSAR v Hui Lai Kei (2024) 27 HKCFAR 265