Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Long term prison sentences review board

  • 28 Apr 2005

    SECRETARY FOR JUSTICE v. CHAN WAI LUN

    Citation
    SECRETARY FOR JUSTICE v. CHAN WAI LUN
    Court
    Court of First Instance
    Case number
    HCMP2256/2004

    The court held that in determining a minimum term under s67C the judge must assess the appropriate punitive period reflecting culpability, deterrence and retribution as if sentencing at first instance while also considering relevant post‑sentence material (but excluding prior executive determinations). Applying the available psychiatric and institutional reports showing psychopathic disorder, dangerousness and very poor institutional conduct, the court fixed an appropriate determinate sentence of 25 years and, after accounting for statutory remission of one third, determined the minimum term…

  • 12 Apr 2005

    SECRETARY FOR JUSTICE v. SO CHING KWAN

    Citation
    SECRETARY FOR JUSTICE v. SO CHING KWAN
    Court
    Court of First Instance
    Case number
    HCMP2254/2004

    Under the amended s67C(1) and (3) the Court of First Instance judge must determine minimum terms for prescribed prisoners; in doing so the judge must fix periods that reflect the overall gravity of the offending and purposes of retribution and deterrence, may consider relevant post‑sentence material (psychological, psychiatric and correctional reports and conduct in custody) but must not take into account prior executive determinations; where useful the court applies a notional determinate totality exercise and accounts for statutory remission when converting to a minimum term.

  • 12 Apr 2005

    SECRETARY FOR JUSTICE v. FUNG WAI HON

    Citation
    SECRETARY FOR JUSTICE v. FUNG WAI HON
    Court
    Court of First Instance
    Case number
    HCMP2257/2004

    The court held that under the amended section 67C a judge must determine minimum terms that reflect the gravity of the original offences, retribution and deterrence, adopting the standpoint of the original sentencing judge while taking into account relevant post‑sentence material but not prior executive determinations. Applying totality and remission rules produced the following minimum terms: Lam Pak Hung 25 years; So Ching Kwan 12 years; Ho Tung Shing 20 years; Fung Wai Hon 22 years.

  • 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.

  • 18 Feb 2005

    SECRETARY FOR JUSTICE v. CHAN CHI WAH

    Citation
    SECRETARY FOR JUSTICE v. CHAN CHI WAH
    Court
    Court of First Instance
    Case number
    HCMP2249/2004

    The court must determine a minimum term reflecting the gravity of the two rape offences and purposes of retribution and deterrence by adopting an appropriate starting point (assessed as 12 years per rape count if sentenced today), applying credit for guilty plea and accounting for possible statutory remission; having considered original sentencing remarks, contemporary sentencing standards and the respondent's progress and risk assessments, the court set the minimum term to be served for the two rape counts at 14 years.

  • 3 Feb 2005

    SECRETARY FOR JUSTICE v. CHAN CHUEN

    Citation
    SECRETARY FOR JUSTICE v. CHAN CHUEN
    Court
    Court of First Instance
    Case number
    HCMP2248/2004

    The judge set a minimum term of 23 years. He applied historical sentencing practice (an estimated starting point of 12 years per count as would have been appropriate in 1974), allowed a 1/3 reduction to reflect guilty pleas to derive a global sentence (described in judgment as 35 years after discount), and then took into account that remission under the Prison Rules could reduce net time served; having considered post-sentence psychiatric and correctional reports demonstrating poor prognosis and lack of rehabilitation and finding no basis for further reduction, the judge fixed the minimum ter…