27 Oct 2004
YAU KWONG MAN v. THE LONG TERM PRISON SENTENCE REVIEW BOARD
- Citation
- YAU KWONG MAN v. THE LONG TERM PRISON SENTENCE REVIEW BOARD
- Court
- Court of First Instance
- Case number
- HCAL34/2004
Detention at HMP is a two‑part indeterminate sentence; both the fixing of the minimum term and any decision to continue detention after the minimum term are sentencing functions requiring judicial determination or compliance with Article 5(4) safeguards. Continued detention after the minimum term must be justified, ordinarily by dangerousness; the Review Board's decisions in this case were unlawful for procedural failures (less than 14 days disclosure), inadequate reasons as to the basis for continued detention, and denial of an oral hearing and counsel representation, and are therefore quash…