Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Retroactivity

  • 26 Nov 2008

    HKSAR v. LUNG TSZ KIT

    Citation
    HKSAR v. LUNG TSZ KIT
    Court
    Court of Appeal
    Case number
    CACC252/2008

    The judge erred in applying the new (post-offence) ketamine sentencing tariffs retrospectively; for an offence committed on 3 April 2008 the proper starting point under Lee Tak Kwan for trafficking 401.63g ketamine is 4 years imprisonment, reduced by one-third for the guilty plea to 2 years and 8 months, and the appeal is allowed to reduce the sentence accordingly.

  • 18 Jun 1993

    THE QUEEN v. YIP WING TONG

    Citation
    THE QUEEN v. YIP WING TONG
    Court
    Court of First Instance
    Case number
    HCMA253/1993

    Appeal allowed because the particular facts (employees residing in China and returning there) constituted a material mitigating circumstance and the Court of Appeal decision in Wong Mok-din was rendered after sentence so could not be applied retrospectively; therefore the appropriate disposition was to suspend the concurrent three-month sentences for two years and impose fines of $1,000 on each charge.