14 Nov 2017
SECRETARY FOR JUSTICE v. LEUNG HIU YEUNG AND OTHERS
- Citation
- SECRETARY FOR JUSTICE v. LEUNG HIU YEUNG AND OTHERS
- Court
- Court of Appeal
- Case number
- CAAR3/2016
The Court held that where the prosecution relies on the same facts to prove a convicted offence and an acquitted related charge, the sentencing court may take into account violent conduct and related matters even if the related charge resulted in acquittal; the principle of reciprocity governs lawful exercise of rights and is applicable irrespective of political undertones; the Court of Appeal has a broad discretionary power under ss81A-81B CPO to review and, if satisfied a sentence is wrong in principle or manifestly inadequate, quash and substitute sentences (including substituting imprison…