Hong Kong Case Law: Decisions & Judgments

Topic

Care and protection order

Legal area

Court

3 Sept 2014

HKSAR v. L

Citation

HKSAR v. L
Court

Court of First Instance
Case number

HCMA276/2014

Appeal allowed: conviction quashed and s.8(9) Juvenile Offenders Ordinance applied because the offence, while criminal, was not of the worst category, the offender was a young teenager with Asperger's Syndrome and no previous convictions, and rehabilitative supervision via a care and protection order with specified requirements better served the interests of the appellant and society than recording a conviction and imposing probation.
1 Mar 2005

HKSAR v. CHAN SIN TING

Citation

HKSAR v. CHAN SIN TING
Court

Court of First Instance
Case number

HCMA66/2005

The magistrate considered extensive reports and the Young Offenders Assessment Panel recommendation, concluded that open placement and probation were unsuitable and that the Training Centre was the only viable non‑custodial structured option to protect the community and attempt rehabilitation, applied the statutory approach under s.4(1) and relevant authority, and therefore the sentence was appropriate and upheld.
6 Mar 2003

HKSAR v. CHAN CHUN YIN

Citation

HKSAR v. CHAN CHUN YIN
Court

Court of First Instance
Case number

HCMA62/2003

The appellate court held it had a lurking doubt that the evidence, as analysed by the magistrate, did not prove the appellant's guilt beyond reasonable doubt; consequently the appeal was allowed and the magistrate's orders were set aside.
18 Sept 1997

HKSAR v. WAN YUEN-FAN

Citation

HKSAR v. WAN YUEN-FAN
Court

Court of Appeal
Case number

CACC304/1997

Leave to appeal was refused because the sentencing judge properly considered detailed reports, obtained a re-assessment of suitability, legitimately chose a training centre order as the appropriate non-prison disposal for a juvenile in the circumstances, and correctly applied the governing statutory framework which leaves duration to the training centre authorities; the three-year term was not shown to be demonstrably excessive.

Hong Kong Case Law

HKSAR v. L

HKSAR v. CHAN SIN TING

HKSAR v. CHAN CHUN YIN

HKSAR v. WAN YUEN-FAN