Hong Kong Case Law: Decisions & Judgments

Topic

Caning

Legal area

Court

7 Nov 1986

THE QUEEN v. YEUNG KUEN CHI

Citation

THE QUEEN v. YEUNG KUEN CHI
Court

Court of Appeal
Case number

CACC82/1986

An order by the Court of Appeal for a retrial, even when expressed generally, implicitly and bindingly directs that a fresh indictment be preferred charging the same counts as those determined in the appellant's favour; an Attorney General's addition of counts not within that implicit direction does not automatically vitiate the trial where the Crown proceeds only on the counts determined by the Court of Appeal. Caning imposed by reference to acts of rape but attached to a robbery conviction was unlawful because the Corporal Punishment Ordinance does not permit caning for rape; the caning was…
3 Mar 1982

CHEUNG NAI-HON v. THE QUEEN

Citation

CHEUNG NAI-HON v. THE QUEEN
Court

Court of Appeal
Case number

CACC72/1982

Because the appellant was a 15‑year‑old first offender and there was no violence, and because the magistrate ordered caning without obtaining a medical report or background/probation information, the caning sentence was improperly imposed; conviction and sentence were therefore set aside and probation imposed.
9 Jun 1981

KAN CHI-PING v. THE QUEEN

Citation

KAN CHI-PING v. THE QUEEN
Court

Court of Appeal
Case number

CACC933/1980

Because the required consultation under Au Yeung Ming had not been shown, the caning sentence was set aside; the Court substituted one additional year imprisonment for each of the first four charges (to run concurrently) resulting in an effective total sentence of four years; conviction appeal dismissed.
3 Jan 1979

LAM CHI-WAI v. THE QUEEN

Citation

LAM CHI-WAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC820/1978

Caning imposed in addition to a substantial term of imprisonment was inappropriate in this case because there were no circumstances of special aggravation; the court set aside the caning and substituted a sentence of four and a half years on the first charge.
28 Jul 1971

LI KWOK LUN AND OTHERS v. THE QUEEN

Citation

LI KWOK LUN AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC388/1971

Under the authority of the prior decision (Criminal Appeal No. 279 of 1971) and construing section 4 of the Training Centres Ordinance, corporal punishment cannot be lawfully imposed in conjunction with detention in a training centre because it would defeat the reformative purpose and the statutory requirement that training centre detention be in lieu of other sentences; accordingly the corporal sentences imposed on the 1st and 3rd appellants must be set aside.
4 Jun 1971

LI CHI-MING v. THE QUEEN

Citation

LI CHI-MING v. THE QUEEN
Court

Court of Appeal
Case number

CACC279/1971

It is wrong to impose corporal punishment in conjunction with detention in a training centre; s.4 of the Training Centres Ordinance indicates training centre detention is in lieu of other sentences and caning undermines the reformative purpose, therefore the caning was quashed and substituted with detention in a training centre.
12 Mar 1971

MA WING-FAI v. THE QUEEN

Citation

MA WING-FAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC131/1971

Where a young offender is to serve a substantial term of imprisonment, caning should not be imposed if it would serve no useful purpose or be counterproductive; the caning was set aside and replaced by a consecutive short term of imprisonment.
11 Jan 1971

LAI KIN-MAN AND OTHERS v. THE QUEEN

Citation

LAI KIN-MAN AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC545/1970

Because the assault on the police officer exceeded what could be attributed solely to an intention to escape, the caning and consecutive terms of imprisonment were justified; the court will not interfere with the sentences on grounds of penal practice where the evidence supports a vicious attack on a policeman and public interest requires severe punishment; the appellant was fit to receive corporal punishment.
2 Nov 1970

LEUNG SHING-WONG v. THE QUEEN

Citation

LEUNG SHING-WONG v. THE QUEEN
Court

Court of Appeal
Case number

CACC572/1970

The court affirmed the magistrate's imposition of 14 strokes under the Corporal Punishment Ordinance as an appropriate punishment for a knife-involved robbery but held that the accompanying 18 months' imprisonment was unnecessary in this case and should be set aside; the appropriate order was caning to be carried out at the earliest opportunity followed by immediate discharge.
18 Mar 1970

AU YEUNG MING v. THE QUEEN

Citation

AU YEUNG MING v. THE QUEEN
Court

Court of Appeal
Case number

CACC846/1969

The court held that courts must supply copies of probation officer reports and Training Centres Ordinance reports to the offender or his legal representative (without publishing or reading them in open court) so mitigation can be properly advanced; that a medical report as to fitness must be obtained before imposing caning; and that imposing four strokes of the cane in this case was a departure from the usual judicial sentencing practice requiring prior consultation and therefore must be set aside; accordingly the custodial sentence was reduced to reflect removal of the corporal punishment el…