Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Custodial vs non-custodial

Legal area

Court

19 Dec 2002

HKSAR v. KARAMJIT, SINGH

Citation

HKSAR v. KARAMJIT, SINGH
Court

Court of First Instance
Case number

HCMA1129/2002

Magistrate erred by overemphasising the role of the appellant in facilitating a theft and by imposing custody on a first offender for a single push; custodial sentence was disproportionate and therefore quashed and appellant discharged; prior custody cannot retroactively validate an inappropriate custodial sentence.
18 Jul 1980

ATTORNEY GENERAL v. LEE CHI MAN

Citation

ATTORNEY GENERAL v. LEE CHI MAN
Court

Court of Appeal
Case number

CAAR5/1980

There is no lawful 'unofficial tariff' exempting triad members from custodial sentences; sentencing must reflect legislative seriousness and case facts. The admitted facts showed active membership and recruitment activity, so the magistrate's fine-only sentence was manifestly inadequate. The appropriate disposal on these facts is a custodial sentence; accordingly the fine sentence was quashed and replaced with 9 months imprisonment followed by two years police supervision.