29 Feb 1996
ATTORNEY GENERAL v. NGAN KAM-MING
- Citation
- ATTORNEY GENERAL v. NGAN KAM-MING
- Court
- Court of Appeal
- Case number
- CAAR15/1995
Section 33 of the Public Order Ordinance sets out an exclusive and mandatory sentencing regime for offenders aged 17 to under 25 (imprisonment up to 3 years or detention under the Detention Centre Ordinance); there is no explicit statutory provision permitting substitution of a Drug Addiction Treatment Centre order for those mandatory options, therefore the orders detaining the respondents in Drug Addiction Treatment Centres were invalid, the Attorney General's applications for review succeed, the sentences are quashed, and the court substituted detention until the rising of the court.