Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Certificate of sentence

  • 2 Dec 2020

    HKSAR v. CHENG YING KIT

    Citation
    [2020] HKDC 1151
    Court
    District Court
    Case number
    DCCC367/2020

    The court held that it could amend the certificate of sentence under the slip rule because the written record did not reflect the court's manifest intention; further, having regard to the 2014 amendment to s.80 DCO and subsequent authorities, a District Court sentence is not finally recorded for perfection/functus officio purposes until the written reasons are signed and delivered under s.80, so the court was not functus officio at the time of the proposed amendment.

  • 9 Feb 1999

    HKSAR v. YAU CHI LUNG

    Citation
    HKSAR v. YAU CHI LUNG
    Court
    Court of Appeal
    Case number
    CACC271/1998

    A certificate of sentence that purports to alter the sentence pronouncement by ordering it to run consecutively, when no such order was made in open court, contravenes s.80 of the District Court Ordinance and is a nullity; the sentence stands as orally pronounced and runs from the date of imposition, with any unexpired prior sentence running concurrently as appropriate.