Hong Kong Case Law: Decisions & Judgments

Topic

Detention in training centre

Legal area

Court

13 Jun 2001

HKSAR v. NG YUK CHING POLLY

Citation

HKSAR v. NG YUK CHING POLLY
Court

Court of Appeal
Case number

CACC98/2001

Leave to appeal against sentence was granted because, although the original order to detain the applicant in a training centre was not shown to be wrong in principle on the material before the sentencing judge, there was an arguable ground that the time already spent in custody and training may have achieved the rehabilitative purpose of the order, warranting appellate consideration and an up-to-date report.
22 Feb 2000

HKSAR v. LEUNG LAI KWAN

Citation

HKSAR v. LEUNG LAI KWAN
Court

Court of Appeal
Case number

CACC597/1999

Given the applicant's age, the small quantities involved, the unavailability of other statutory disposals, the reports, the fact she had already spent a significant period in custody and came from a caring family, the Court concluded she had effectively served sufficient custodial time; it therefore quashed the Training Centre order and substituted a nine months imprisonment sentence to allow her imminent release.
26 Mar 1998

HKSAR v. KONG WAI LUN

Citation

HKSAR v. KONG WAI LUN
Court

Court of First Instance
Case number

HCMA159/1998

Because the court was fully satisfied with the propriety of the magistrate's detailed Statement of Findings, the appellate court would not disturb the conviction and the appeal was dismissed.
18 Sept 1997

HKSAR v. WAN YUEN-FAN

Citation

HKSAR v. WAN YUEN-FAN
Court

Court of Appeal
Case number

CACC304/1997

Leave to appeal was refused because the sentencing judge properly considered detailed reports, obtained a re-assessment of suitability, legitimately chose a training centre order as the appropriate non-prison disposal for a juvenile in the circumstances, and correctly applied the governing statutory framework which leaves duration to the training centre authorities; the three-year term was not shown to be demonstrably excessive.
15 Feb 1995

R. v. LAU CHI WAI

Citation

R. v. LAU CHI WAI
Court

Court of First Instance
Case number

HCMA157/1994

Because it was established that the appellant was detained in the Training Centre on the date of the alleged theft and therefore could not have committed the offence, the Crown conceded the appeal and the conviction was quashed.
18 Jan 1991

THE QUEEN v. MAN KWONG FAI AND ANOTHER

Citation

THE QUEEN v. MAN KWONG FAI AND ANOTHER
Court

Court of Appeal
Case number

CACC349/1990

Given the applicants' ages, backgrounds, guilty pleas, supportive families, favourable training/detention centre reports and absence of weapons, the 5 year imprisonment sentences were excessive; the appeals are allowed, the imprisonment sentences quashed and each applicant ordered detained in a training centre as the appropriate rehabilitative disposal.
25 Feb 1984

THE QUEEN v. WONG KWOK FAI

Citation

THE QUEEN v. WONG KWOK FAI
Court

Court of Appeal
Case number

CACC1325/1983

Given the applicant's youth, clear record, favourable medical and training center reports indicating remorse and positive rehabilitation prospects, the Court exercised its appellate sentencing discretion to quash the five‑year imprisonment and substitute detention in a Training Centre as a proportionate and pragmatic alternative to immediate prison.
29 Sept 1983

THE QUEEN v. LAM YAU CHI

Citation

THE QUEEN v. LAM YAU CHI
Court

Court of Appeal
Case number

CACC691/1983

Although the trial judge's sentence was not wrong in principle or manifestly excessive, the appellate court allowed the appeal on grounds of the appellant's youth, clear record and the content of correctional reports and substituted detention in a training centre for the 4 year imprisonment as a merciful and reformative alternative.
16 Oct 1980

PANG KIN SUN v. THE QUEEN

Citation

PANG KIN SUN v. THE QUEEN
Court

Court of Appeal
Case number

CACC767/1980

The sentence of detention was manifestly excessive in the circumstances (minor injuries, prior detention period and facts of the case), therefore the detention order was set aside and substituted with a recognizance bond of $500 for twelve months.
8 Dec 1978

LIU KWOK-LEUNG v. THE QUEEN

Citation

LIU KWOK-LEUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC1026/1978

Given the appellant's youth, clear record, extremely deprived upbringing, low education and prospects for rehabilitation, the Court substituted detention in a training centre for the original consecutive prison sentences despite the seriousness of the offences.