Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Release under supervision

  • 7 Nov 2012

    HKSAR v. MATSUDA KENICHI

    Citation
    HKSAR v. MATSUDA KENICHI
    Court
    Court of Appeal
    Case number
    CACC342/2004

    A sentencing court must not reduce sentence on the basis of the assumed practical non-availability of early release under the Prisoners (Release Under Supervision) Ordinance to non-resident defendants because eligibility and suitability for release are discretionary and cannot be predicted at sentence; additionally, in Sarkuna the one-year consecutive sentence for the small separate cocaine package was unjustified and must run concurrently, reducing his total sentence to 16 years; Matsuda's application for leave was dismissed.

  • 19 May 2010

    HKSAR v. FAN CHO MAN (D5)

    Citation
    HKSAR v. FAN CHO MAN (D5)
    Court
    Court of Appeal
    Case number
    CACC302/2008

    Applying s.83B, the court substituted the sentence on the remaining conviction for Fan to effect immediate release because the unique combination of (1) the appeal having quashed other convictions that had previously caused a custodial disparity with co‑accused who had been released under supervision, (2) the appellant having already served substantially more custody than the co‑accused, and (3) only 85 days remaining to serve, made substitution necessary in the interests of overall justice.