9 Sept 2002
LAI HUNG WAI v. SECRETARY FOR SECURITY
- Citation
- LAI HUNG WAI v. SECRETARY FOR SECURITY
- Court
- Court of First Instance
- Case number
- HCAL1596/2001
The court held that determining minimum terms for indeterminate juvenile sentences is, in substance, a judicial function because it materially determines the severity of punishment; s.67C(2),(4) and (6) unlawfully vested that function in the Chief Executive and is inconsistent with Basic Law Art.80 and therefore invalid. Declarations that s.67C contravened ICCPR Art.14(1)/BOR Art.10 and Basic Law Art.8 were refused. The challenge to the Review Ordinance provision restricting the Board from ordering release before minimum term (s.12(12)) was refused because the statutory scheme provides for ju…