Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fitness for detention

  • 5 Aug 2010

    HKSAR v. TSUI WAI CHUNG

    Citation
    HKSAR v. TSUI WAI CHUNG
    Court
    Court of First Instance
    Case number
    HCMA425/2010

    The appeal was dismissed because the sentencing magistrate correctly exercised discretion: contemporaneous reports and medical assessment showed the appellant is of normal intelligence, medically fit for the rehabilitation centre, has a demonstrable history of temper and breach of conditions, and therefore requires enforced discipline and continuous observation; the rehabilitation centre sentence was proportionate and not excessive.

  • 27 Aug 1998

    HKSAR v. LAU SAI TAT, TERENCE

    Citation
    HKSAR v. LAU SAI TAT, TERENCE
    Court
    Court of Appeal
    Case number
    CACC258/1998

    The Court held that the sentencing judge properly considered the applicant's personal circumstances and pre-sentence reports, that the offences (classic blackmail) justified an immediate custodial Detention Centre order which was not excessive, and that the medical impairment was minor and did not render the applicant unfit for training; administrative remedies (including transfer under s.8A Cap.239) addressed any incapacity, so the appeal was dismissed.