Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Conditions of probation

  • 5 Jan 2010

    HKSAR v. NGAI KING YING

    Citation
    HKSAR v. NGAI KING YING
    Court
    Court of First Instance
    Case number
    HCMA684/2009

    The appeal was allowed and the prison term set aside because, considering the probation officer's detailed recommendation, the appellant's remorse, psychiatric treatment needs and support, the court concluded rehabilitation under an 18-month Probation Order with specified supervisory and treatment conditions was appropriate despite prior offending during probation; the court declined to impose a separate good behaviour/keep the peace condition based on authority.

  • 27 Oct 1988

    THE QUEEN v. CHAN KAM-WA

    Citation
    THE QUEEN v. CHAN KAM-WA
    Court
    Court of First Instance
    Case number
    HCMA838/1988

    The court accepted the probation officer's recommendation that continued methadone clinic attendance and open supervision would best serve rehabilitation; accordingly a one-year probation order was appropriate and should include a condition requiring the appellant to comply with all directions of the probation officer concerning medical treatment and tests for drug addiction.

  • 12 Jun 1986

    THE QUEEN v. LEUNG KWAI FUN

    Citation
    THE QUEEN v. LEUNG KWAI FUN
    Court
    Court of First Instance
    Case number
    HCMA344/1986

    It is beyond a magistrate's power to impose as a condition of a probation order that a probation officer provide progress reports to the court; when discharging a probation order for breach and imposing a training centre order the statutory procedure must be followed and the breach proved to the magistrate's satisfaction either by admission or by evidence with opportunity to cross-examine; where these procedures were not followed the Training Centre Order was unlawful and must be quashed.

  • 21 Dec 1981

    TANG CHAT v. THE QUEEN

    Citation
    TANG CHAT v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC752/1981

    Despite an appalling record and multiple prior imprisonments, the Court allowed the appeal against sentence and substituted a three-year probation order because the offences were non-violent with small losses, the appellant had borderline intelligence, there was credible family support and prior imprisonment had not achieved rehabilitation; therefore a structured probation with strict conditions was justified as a last chance while protecting the public.

  • 11 Apr 1973

    TAM SAU FUN v. THE QUEEN

    Citation
    TAM SAU FUN v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC228/1973

    Because the appellant was only 14 and there was credible additional evidence (mother's undertaking and probation officer consultation) indicating a realistic prospect of rehabilitation under supervision, the court held that custody was not mandatory and substituted a two‑year probation order with stringent conditions for the sentence originally imposed.

  • LAU HAY WAH v. THE QUEEN

    Citation
    LAU HAY WAH v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC485/1972

    The appeal was allowed because, although the offence was serious, the appellant was a first offender with a favourable probation report and strong parental support; these mitigating factors justified substituting a two‑year probation order with specific conditions for the training centre sentence.