Hong Kong Case Law: Decisions & Judgments

Topic

Retroactivity of sentencing guidelines

Legal area

Court

28 Sept 2018

SECRETARY FOR JUSTICE v. LEUNG WING LAI

Citation

[2018] HKCFA 43
Court

Court of Final Appeal
Case number

FACC5/2018

The Court held the Court of Appeal was entitled to increase the magistrate's community service orders because the magistrate had erred in principle and imposed manifestly inadequate sentences, but the Court of Appeal erred by applying the new Wong Chi Fung (CA) guidelines retrospectively when fixing the length of imprisonment; section 109A is to be measured by reference to the date of sentence (but youth shortly before sentence remains a powerful mitigating factor); accordingly the CA prison sentences were set aside and substituted with custodial sentences corresponding to time already served…
28 Sept 2018

SECRETARY FOR JUSTICE v. LAM LONG YIN

Citation

[2018] HKCFA 43
Court

Court of Final Appeal
Case number

FACC10/2018

The appeals were allowed because although the Court of Appeal was entitled to substitute custodial sentences for manifestly inadequate community service orders, it erred by applying the new Wong Chi Fung sentencing guidelines retrospectively when fixing sentence lengths and failed to take adequate account of youth considerations under s109A; therefore the Court of Final Appeal set aside the CA custodial sentences and substituted sentences equivalent to time already served by each appellant.
10 May 2000

HKSAR v. TSUI CHING WAI

Citation

HKSAR v. TSUI CHING WAI
Court

Court of First Instance
Case number

HCMA209/2000

The magistrate erred by applying the Court of Appeal decision in Lam Wah which post‑dated the offence; sentencing must be governed by the law and guidelines prevailing at the time of the offence, and on that basis the appropriate penalty was a fine rather than immediate imprisonment.
29 May 1990

THE QUEEN v. YEUNG WAI SHING AND ANOTHER

Citation

THE QUEEN v. YEUNG WAI SHING AND ANOTHER
Court

Court of Appeal
Case number

CACC269/1989

The Court held the trial judge's directions on corroboration were legally sound because the police evidence of finding cash and written address was independent of accomplice assertions; Cheng Yeung sentencing guidelines should not be applied retrospectively to offences committed before that decision; sentencing must now be based on quantity of the active narcotic (salts of esters of morphine) with specified bands, and appropriate reductions for plea and assistance were ordered in the individual appeals.

Hong Kong Case Law

SECRETARY FOR JUSTICE v. LEUNG WING LAI

SECRETARY FOR JUSTICE v. LAM LONG YIN

HKSAR v. TSUI CHING WAI

THE QUEEN v. YEUNG WAI SHING AND ANOTHER