Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Purity considerations
  • 1 Aug 1990

    THE QUEEN v. CHAN KAM CHEUNG

    Citation
    THE QUEEN v. CHAN KAM CHEUNG
    Court
    Court of First Instance
    Case number
    HCMA114/1990

    The appeal was allowed and the sentence reduced because the appellate court found that, although the magistrate sentenced according to the practice prevailing at the time, had he known that the Court of Appeal would accept new guidance on purity levels (as later in Lau Tak Ming) he would have applied those guidelines to the appellant's benefit; that prospective authoritative revision justified quashing the sentence and substituting a lesser term. The failure to give a plea discount was not the basis for allowing the appeal.