22 Aug 2023
HKSAR v. LUI SAI YU (呂世瑜)
- Citation
- [2023] HKCFA 26
- Court
- Court of Final Appeal
- Case number
- FACC7/2023
NSL21(2) prescribes a mandatory minimum sentence of not less than five years for offences of a serious nature; reductions below that statutory five-year floor are only permissible where NSL33(1) applies, and the three conditions in NSL33(1) are exhaustive for obtaining such reductions. Accordingly the sentencing court must determine seriousness, select a starting-point within the appropriate NSL band, and may only reduce a provisional sentence below the statutory minimum if one of the NSL33(1) conditions is satisfied.