Hong Kong Case Law: Decisions & Judgments

Topic

Compassionate release

Legal area

Court

17 Aug 2006

HKSAR v. NATSAGDORJ MUNKHBAYAR AND ANOTHER

Citation

HKSAR v. NATSAGDORJ MUNKHBAYAR AND ANOTHER
Court

Court of First Instance
Case number

HCMA672/2006

The sentences of 4 months imprisonment were appropriate because the appellants were properly characterised as professional shoplifters acting as a group, the sentencing judge correctly adopted a 6-month starting point and reduced it for guilty pleas, and the appellant's personal circumstances did not justify compassionate early release.
8 Apr 2004

HKSAR v. TARAZONA EDGAR HENRY & ANOTHER

Citation

HKSAR v. TARAZONA EDGAR HENRY & ANOTHER
Court

Court of Appeal
Case number

CACC346/2003

The trial judge's detailed credibility findings and permissible inferences from admitted evidence were reasonable; absence of the named witnesses did not render the trial unfair given available recorded interviews and passport information; the applicants failed to meet the threshold to adduce fresh evidence under s83V; consequently the convictions and sentence were properly upheld and no compassionate early release was warranted.
15 Aug 2002

HKSAR v. LEE SHU WING

Citation

HKSAR v. LEE SHU WING
Court

Court of Appeal
Case number

CACC223/2002

In wholly exceptional circumstances — specifically terminal illness coupled with administrative delay that deprived the prisoner of timely executive consideration — the court will grant leave out of time and reduce a valid sentence to enable immediate release on humanitarian grounds despite the sentence being lawfully imposed.
4 Sept 1996

R. v. LAI CHING YI, IVY

Citation

R. v. LAI CHING YI, IVY
Court

Court of Appeal
Case number

CACC273/1996

The court held that the applicant's asserted compassionate grounds did not constitute good cause to entertain the out of time application and, in any event, the appeal had no prospect of success given the gravity of the embezzlement and minimal mitigation.
26 Mar 1996

THE QUEEN v. LO CHI KEUNG

Citation

THE QUEEN v. LO CHI KEUNG
Court

Court of Appeal
Case number

CACC454/1993

Leave to appeal against sentence was dismissed because there was no evidence the applicant was at or near terminal stage of HIV/AIDS nor that the prison could not provide suitable care, so compassionate grounds did not justify reduction of the concurrent 8‑year sentences.
29 Feb 1996

THE QUEEN v. ABBAS MUHAMMAD

Citation

THE QUEEN v. ABBAS MUHAMMAD
Court

Court of First Instance
Case number

HCMA9/1996

Although the imposed sentence of eight months was not excessive and was proper on its merits, the appeal is allowed and the appellant is released immediately as an act of mercy because he substantiated that his wife had recently died.
9 Jan 1996

THE QUEEN v. CHUNG LAI-CHING

Citation

THE QUEEN v. CHUNG LAI-CHING
Court

Court of First Instance
Case number

HCMA944/1995

Although the concurrent 15-month sentences were lawful and not open to interference, the court exercised equitable discretion to allow the appeal and order immediate release on compassionate grounds to enable the appellant to assist her critically ill mother.
16 May 1991

THE QUEEN v. YU KWOK SING

Citation

THE QUEEN v. YU KWOK SING
Court

Court of First Instance
Case number

HCMA1490/1990

The appeal was allowed and the sentence reduced to permit immediate release because the appellant was a first-time offender, had served a substantial part of the sentence, and presented compelling humanitarian grounds (mother's critical illness).
12 Apr 1991

THE QUEEN v. TANG PING YIU

Citation

THE QUEEN v. TANG PING YIU
Court

Court of First Instance
Case number

HCMA44/1991

Because a humanitarian ground supported by a hospital certificate was not available at the magistrate level and justified release to see a terminally ill parent, the appeal was allowed and the original 14‑month sentence was quashed and substituted with an 8‑month imprisonment sentence suspended for 18 months.
14 Sept 1978

LI SIU-CHOR v. THE QUEEN

Citation

LI SIU-CHOR v. THE QUEEN
Court

Court of Appeal
Case number

CACC395/1978

The court held that where an offender has become permanently and catastrophically disabled as a direct consequence of the events surrounding the offence, the balance of punishment and mercy can justify reducing the custodial sentence so as to permit immediate release.