Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Credit for time spent in custody abroad

  • 25 Feb 2004

    HKSAR v. LEE KWAN YEE AND ANOTHER

    Citation
    HKSAR v. LEE KWAN YEE AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC39/2003

    The Court exercised its sentencing discretion and refused credit for the 44 days detained in the Mainland because the applicants fled Hong Kong to avoid arrest, were thus largely responsible for their detention, the period was not unduly long, and the imposed sentences were not excessive.

    • Credit for time spent in custody abroad
    • Flight to avoid arrest
    • Mitigation at sentencing
    • Exercise of judicial discretion

  • 9 Dec 1997

    HKSAR v. LI SHANG HAI

    Citation
    HKSAR v. LI SHANG HAI
    Court
    Court of Appeal
    Case number
    CACC219/1997

    The sentencing judge acted within proper discretion: starting point of 8 years was appropriate; the applicant was given a one‑third plea discount and two months' credit for custody in China; no further discounts were warranted; the appeal is dismissed and the sentence of 5 years 2 months imprisonment is upheld.

    • Conspiracy to forge currency
    • Sentence calculation
    • Plea discount
    • Credit for time spent in custody abroad
    • Effect of flight on sentencing
    • Cooperation with police

  • 24 Oct 1997

    HKSAR v. LAM PAK LOK

    Citation
    HKSAR v. LAM PAK LOK
    Court
    Court of Appeal
    Case number
    CACC455/1997

    The sentencing judge did not err in exercising his discretion to give part credit for 18 months in custody in China; fleeing abroad is a relevant factor but does not automatically negate credit; whether to apply the credit before or after mitigation discounts is within the judge's discretion and will not be disturbed absent injustice; application for leave to appeal against sentence refused.

    • Credit for time spent in custody abroad
    • Discretion of sentencing judge
    • Order of applying discounts
    • Totality principle
    • Remission under prison rules