28 Sept 2018
SECRETARY FOR JUSTICE v. CHAN PAK SHAN
- Citation
- [2018] HKCFA 43
- Court
- Court of Final Appeal
- Case number
- FACC8/2018
Appeals allowed: Court of Appeal was entitled to review and substitute custodial sentences for manifestly inadequate community service orders but erred by applying the new Wong Chi Fung (CA) guidelines retrospectively in fixing terms; section 109A is measured by age at date of sentencing (though youth shortly passed is a powerful mitigating factor), and therefore the CA's sentences were set aside and substituted with imprisonment terms equivalent to time already served by each appellant.