Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Assault in prison

Legal area

Court

21 Aug 2003

HKSAR v. YIP SZE MING

Citation

HKSAR v. YIP SZE MING
Court

Court of First Instance
Case number

HCMA500/2003

The appeal was dismissed because the court was satisfied the Magistrate's sentence of 12 months imprisonment, ordered to run consecutively to the appellant's existing 3-year term, was neither manifestly excessive nor wrong in principle; the Magistrate had given proper consideration to starting point, plea discount and totality, and consecutive sentencing in these circumstances was permissible to maintain prison discipline.
2 Aug 2002

HKSAR v. YEUNG KWAI KUEN

Citation

HKSAR v. YEUNG KWAI KUEN
Court

Court of Appeal
Case number

CACC254/2001

The Court held that post‑sentence assaults and protective solitary confinement do not, absent exceptional circumstances, justify reduction of sentence by the appellate court because such matters are ordinarily for executive review (remission/compassionate release) and the original sentence was not manifestly excessive given the nature and seriousness of the offences.
24 Mar 1998

HKSAR v. MA LAP KAU

Citation

HKSAR v. MA LAP KAU
Court

Court of Appeal
Case number

CACC675/1997

The Court held the sentencing judge adopted an appropriate starting point and correctly applied a one-third discount for the guilty plea; there was no merit in the applicant's complaints and the appeal was dismissed; additionally the court ordered that three months already served not be reckoned as part of the sentence.