Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Long term prison sentences review

Legal area

Court

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minimum term; the judge may consider post‑sentence reports but must disregard prior executive determinations under the repealed scheme.
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.