30 Nov 2022
HKSAR v. LUI SAI YU
- Citation
- [2022] HKCA 1780
- Court
- Court of Appeal
- Case number
- CACC61/2022
On proper construction NSL 21's upper tier for serious offences establishes a mandatory minimum custodial term of five years which cannot be reduced by ordinary mitigating factors such as a guilty plea; NSL 33(1) is exhaustive and only the three specified conditions can permit reduction or alternative disposals below the prescribed minimum; the Judge's factual categorisation of the offence as serious was correct and the five year sentence was properly imposed.