Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Nsl 33(1)
  • 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.