15 Aug 1990
RE CHEUNG KWOK SANG
- Citation
- RE CHEUNG KWOK SANG
- Court
- Court of Appeal
- Case number
- CAAR276/1990
The Court held that the 15‑month guideline for unlawful presence remains appropriate; reductions for sudden unpublicised changes in prosecutorial policy are available only to those who were genuinely 'lulled' into a sense of security (not present here), and accordingly allowed most of the Attorney General's reviews substituting higher immediate sentences (primarily 12–15 months) while dismissing some applications and two magistracy appeals; the practice of applying discounts on review requires legal argument as its statutory basis is doubtful.