In WKS 7358/2025, Mr Gordon Chan mitigated on behalf of a defendant summonsed for neglecting to furnish information in a declaration. After considering her circumstances, the Magistrate acknowledged that the defendant was remorseful and imposed a fine of $6,000.
In recent years, the government has stated its policy to combat the misuse of public housing resources. Due to the prevalence of the problem, the penalty for such offences has also increased, and in some cases, one may even face imprisonment.
It is also routine for Notices-to-Quit to be served in parallel with criminal prosecutions. Thus, the handling of the summons becomes more complicated as the tenant is also appealing the decision to the Appeal Panel (Housing). Mitigation, as a result, has become more sensitive. Highlighting features of the case that deserve sympathy while showing genuine remorse.
As explained in another context, when there are parallel proceedings, one must be mindful of the interactions between them.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
