Hong Kong Case Law: Decisions & Judgments

Topic

Discretionary life sentence

Legal area

Court

13 Jun 2017

HKSAR v. TSANG MAN WAI, RAYMOND

Citation

HKSAR v. TSANG MAN WAI, RAYMOND
Court

Court of Appeal
Case number

CACC146/2016

Having reviewed updated psychiatric and psychological reports and all material, the Court concluded the offence was of exceptional gravity and the applicant suffers from Antisocial/Dissocial Personality Disorder combined with chronic high‑dose methamphetamine abuse, a proven history of violent offending and episodes of violent conduct when intoxicated; these facts gave good grounds to believe he would remain a serious danger to the public for an indeterminate time; accordingly a discretionary life sentence with a minimum term of 15 years was justified to protect the public and satisfy retribu…
2 Jul 2010

HKSAR v. CHAN LI FAT

Citation

HKSAR v. CHAN LI FAT
Court

Court of Appeal
Case number

CACC308/2009

The court upheld the life sentences and 18‑year minimum term on the two rape counts but held the aggravated burglary offences did not warrant discretionary life sentences; it allowed the appeal against sentence on aggravated burglary and substituted determinate sentences of 6 years 8 months on each count (second to run consecutively to the first totalling 9 years) to run concurrently with the life sentences on the rape counts, and confirmed that an 18‑year minimum term on the rape counts was fully justified on the facts despite consideration of remission principles.
18 Jul 2005

HKSAR v. YEUNG MOK YEH

Citation

HKSAR v. YEUNG MOK YEH
Court

Court of Appeal
Case number

CACC483/2004

The Court held that the judge properly exercised his discretion under section 67C, that he was entitled to take post-sentence conduct and rehabilitation into account as evidence of remorse and prognosis, and that a fixed term of 27 years for each applicant was within the permissible sentencing range and not manifestly excessive; accordingly the appeals were dismissed.
12 Apr 2005

SECRETARY FOR JUSTICE v. HO TONG SHING

Citation

SECRETARY FOR JUSTICE v. HO TONG SHING
Court

Court of First Instance
Case number

HCMP2255/2004

The court determined minimum terms by estimating an appropriate global determinate sentence reflecting the totality of offences and culpability, applied any applicable plea discounts, and then applied statutory remission (up to one third) to convert the effective custodial period into the minimum term; the judge may consider post‑sentence reports but must disregard prior executive determinations under the repealed scheme.
2 Mar 2005

SECRETARY FOR JUSTICE v. AU KWOK LEUNG

Citation

SECRETARY FOR JUSTICE v. AU KWOK LEUNG
Court

Court of First Instance
Case number

HCMP2251/2004

A judge exercising the s67C(3) power must fix a minimum term that reflects the original sentencing considerations of gravity, retribution and deterrence, may take relevant post-sentence reports into account (but not prior executive determinations), and applying contemporary sentencing starting points and remission principles the appropriate minimum term for the respondent's four rape convictions is 20 years imprisonment.
24 Feb 2005

SECRETARY FOR JUSTICE v. CHEUNG HING BIU

Citation

SECRETARY FOR JUSTICE v. CHEUNG HING BIU
Court

Court of First Instance
Case number

HCMP2250/2004

Under the amended s67C the Court of First Instance must determine a minimum term by reference to the gravity of the offences, retribution and deterrence, taking into account relevant post-sentence material but not prior executive recommendations; applying those principles to the respondent's serial rapes and relevant reports, the appropriate minimum term for the eight rape counts is 25 years.
28 Jan 2005

SECRETARY FOR JUSTICE v. LI MAN FAI

Citation

SECRETARY FOR JUSTICE v. LI MAN FAI
Court

Court of First Instance
Case number

HCMP2242/2004

The court must determine the minimum term primarily by reference to the gravity of the original offences, adopting the position of the sentencing judge, may consider relevant post‑sentence material but must ignore prior executive determinations; applying that approach the appropriate minimum term for the respondent's two rape convictions is fixed at 20 years.
15 Aug 2003

HKSAR v. CHAN MAN LOK AND ANOTHER

Citation

HKSAR v. CHAN MAN LOK AND ANOTHER
Court

Court of Appeal
Case number

CACC522/2000

The Court held the sentencing judge correctly applied the Hodgson criteria, was entitled to conclude from the nature of the offences, the Applicants' conduct and the psychological reports that they manifested instability and posed an ongoing danger, and therefore life sentences and the minimum term of 20 years (under section 67B) were justified and not manifestly excessive.