Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Ex post facto sentencing
  • 2 Aug 2007

    HKSAR v. MOK YIU KAU

    Citation
    HKSAR v. MOK YIU KAU
    Court
    Court of Appeal
    Case number
    CACC256/2006

    Because sentencing for ketamine had in practice been tied to the Lee Tak Kwan ecstasy guidelines prevailing at the time of the offence, imposing a sentence greater than that practice allowed would breach the principle that a heavier penalty must not be imposed than was applicable at the time; accordingly the appeal is allowed and the sentence reduced to reflect the prevailing guideline-influenced practice.