1 Dec 2023
律政司司長 訴 梁子揚及另四人
- Citation
- [2023] HKCA 1318
- Court
- Court of Appeal
- Case number
- CAAR1/2023
The court held the original 2‑year starting point for the charged riot offence was an error in principle and manifestly low given the PolyU riot context; the appropriate baseline for the offence was not less than 3 years. Applying recognized plea‑discounts would have produced lower terms (eg. timely pleas reduced by one‑third, later pleas by c.20%), but the Court exercised its discretion under s.81A and declined to increase the existing sentences because doing so would not be in the public interest given mitigating practical considerations (including imminent release). Thus the review applica…