Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Deduction for time spent in custody
  • 5 Feb 2016

    HKSAR v. BASHIR, SHAKEEL

    Citation
    HKSAR v. BASHIR, SHAKEEL
    Court
    Court of First Instance
    Case number
    HCMA702/2015

    15 months for illegal remaining was appropriate and not excessive; statutory deduction did not apply to the short custody period claimed; full concurrency with the 10 year drug sentence would unjustly ignore the appellant's commission of serious drug trafficking while released on recognizance, but totality requires limiting the consecutive exposure — result: allow appeal in part so that 6 months run concurrently and 9 months run consecutively with the existing 10 year sentence.