Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Long-term sentence review

Legal area

Court

24 Feb 2005

SECRETARY FOR JUSTICE v. CHEUNG HING BIU

Citation

SECRETARY FOR JUSTICE v. CHEUNG HING BIU
Court

Court of First Instance
Case number

HCMP2250/2004

Under the amended s67C the Court of First Instance must determine a minimum term by reference to the gravity of the offences, retribution and deterrence, taking into account relevant post-sentence material but not prior executive recommendations; applying those principles to the respondent's serial rapes and relevant reports, the appropriate minimum term for the eight rape counts is 25 years.
20 Nov 2003

HKSAR v. HUI MAK KWAN

Citation

HKSAR v. HUI MAK KWAN
Court

Court of Appeal
Case number

CACC2/2003

Conviction upheld; life sentence was appropriate and remained undisturbed, but the 30-year minimum term was manifestly excessive and contrary to the statutory scheme because it effectively removed the Long-Term Prisoners Review Board's realistic ability to consider release; appellate court substituted a 10-year minimum term under section 67B CPO Cap.221 taking into account age, guilty plea and the Board's review function.