Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Minimum term/tariff

  • 9 Sept 2002

    YAU KWONG MAN v. SECRETARY FOR SECURITY

    Citation
    YAU KWONG MAN v. SECRETARY FOR SECURITY
    Court
    Court of First Instance
    Case number
    HCAL1595/2001

    Section 67C(2),(4) and (6) of the Criminal Procedure Ordinance, by vesting determination of minimum terms (a function that in substance determines the severity of punishment) in the Chief Executive, impermissibly places an inherently judicial function in the executive and is inconsistent with Basic Law Art.80; declarations that s.67C contravenes ICCPR Art.14(1)/Basic Law Art.8 and that s.12(12) of the Sentences Review Ordinance contravenes ICCPR Art.9(4)/Basic Law Art.8 are refused because (i) the statutory 'minimum term' scheme as applied to new cases is judicially exercised and (ii) habeas…

  • 9 Sept 2002

    LAI HUNG WAI v. SECRETARY FOR SECURITY

    Citation
    LAI HUNG WAI v. SECRETARY FOR SECURITY
    Court
    Court of First Instance
    Case number
    HCAL1596/2001

    The court held that determining minimum terms for indeterminate juvenile sentences is, in substance, a judicial function because it materially determines the severity of punishment; s.67C(2),(4) and (6) unlawfully vested that function in the Chief Executive and is inconsistent with Basic Law Art.80 and therefore invalid. Declarations that s.67C contravened ICCPR Art.14(1)/BOR Art.10 and Basic Law Art.8 were refused. The challenge to the Review Ordinance provision restricting the Board from ordering release before minimum term (s.12(12)) was refused because the statutory scheme provides for ju…