Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Organised and serious crimes ordinance s27
  • 15 Jul 2003

    HKSAR v. LEUNG WAI SHAN

    Citation
    HKSAR v. LEUNG WAI SHAN
    Court
    Court of Appeal
    Case number
    CACC521/2002

    Because the sentencing judges had been inadvertently misled as to the prevalence of the offence and the statutory enhancement under section 27(11) OSCO is an extraordinary power intended for clear deterrent circumstances, the court removed the 25% enhancement, granted leave to appeal (including out of time and treating abandonments as nullities) and reduced the sentences accordingly.

    • Sentence enhancement
    • Prevalence of offence
    • Organised and serious crimes ordinance s27
    • Leave to appeal
    • Plea discount