Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Detention at her majesty's pleasure

  • 15 Apr 2005

    SECRETARY FOR JUSTICE v. CHEUNG YAU HANG

    Citation
    SECRETARY FOR JUSTICE v. CHEUNG YAU HANG
    Court
    Court of First Instance
    Case number
    HCMP2184/2004

    For prisoners who were detained at Her Majesty's Pleasure and are now detained at Executive discretion, the court may exercise s.67C(4)(b) to quash the original indeterminate sentence and substitute a fixed term. Converting such indeterminate Executive detention into a notional life sentence with a minimum term risks retrospective augmentation of penalty and uncertainty; a substituted fixed term is a more lenient and appropriate disposition where justified by the circumstances, rehabilitation and risk assessment. Applying those principles to this respondent, the appropriate substituted determ…

    • Minimum term determination
    • Detention at her majesty's pleasure
    • S.67c cpo
    • Retrospective penalty (article 12 hkbor)
    • Quashing and substitution of sentence

  • 18 Mar 2005

    SECRETARY FOR JUSTICE v. LAU MAN PO

    Citation
    SECRETARY FOR JUSTICE v. LAU MAN PO
    Court
    Court of First Instance
    Case number
    HCMP2212/2004

    The court concluded that for prisoners detained at Executive discretion (formerly detention at Her Majesty's Pleasure) converting that status effectively into a life sentence with a minimum term risks imposing a retrospective heavier penalty; exercising the specific power in s.67C(4)(b) to quash the original sentence and substitute a fixed determinate term was appropriate on the facts. Applying sentencing comparators and accounting for rehabilitation and low risk, the court substituted the original sentence with 25 years' imprisonment (after a two-year discount).

    • Detention at her majesty's pleasure
    • Minimum term determination
    • Section 67c cpo
    • Retrospective penalty
    • Quashing and substituting sentence
    • Youth offender sentencing

  • 11 Jan 2005

    SECRETARY FOR JUSTICE v. WONG TAT YAN AND ANOTHER

    Citation
    SECRETARY FOR JUSTICE v. WONG TAT YAN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP2216/2004

    Prisoners convicted of murder when under 18 who would otherwise have been detained at Her Majesty's pleasure fall to be sentenced to a fixed term under s.67C; in this case the appropriate fixed term was assessed at 32 years with a 3‑year discount for rehabilitation, and the court quashed the original indeterminate sentences and substituted 29 years' imprisonment for each respondent pursuant to s.67C(4)(b).

    • Sentence substitution
    • Detention at her majesty's pleasure
    • Section 67c criminal procedure ordinance
    • Rehabilitation credit
    • Triad gang violence

  • 11 Jan 2005

    SECRETARY FOR JUSTICE v. WONG TAT YAN AND ANOTHER

    Citation
    SECRETARY FOR JUSTICE v. WONG TAT YAN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP2217/2004

    The court exercised its power under s.67C(4)(b) to quash the respondents' indeterminate detention orders and substitute fixed terms because the offence was a serious premeditated triad gang murder justifying a lengthy fixed term (assessed at 32 years) but the respondents' demonstrated rehabilitation and remorse warranted a three-year discount, resulting in substituted sentences of 29 years' imprisonment for each respondent.

    • Murder
    • Sentence substitution
    • Detention at her majesty's pleasure
    • Triad gang violence
    • Rehabilitation and remorse

  • 5 Nov 2004

    HKSAR v. YEUNG MOK YEH AND ANOTHER

    Citation
    HKSAR v. YEUNG MOK YEH AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP2211/2004

    The court exercised its power under s.67C(4)(b) to quash the respondents' sentences of detention at Her Majesty's pleasure and substitute fixed terms of 27 years each because, for offenders convicted under 18, a determinate sentence removes unacceptable uncertainty and allows proper recognition of rehabilitation and proportionality in sentencing given the gravity of the offence.

    • Detention at her majesty's pleasure
    • Fixed term substitution
    • Criminal procedure ordinance s.67c
    • Long term prisoners review board
    • Bill of rights (article 12)

  • 5 Nov 2004

    HKSAR v. YEUNG MOK YEH AND ANOTHER

    Citation
    HKSAR v. YEUNG MOK YEH AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP2209/2004

    For offenders convicted under age 18 who were detained at Her Majesty's pleasure, the court will exercise its power under s67C(4)(b) to quash indeterminate sentences and substitute appropriate fixed determinate terms; applying the offence gravity and mitigation the appropriate term for each respondent is 27 years imprisonment (30 years starting point reduced by 3 years for rehabilitation).

    • Detention at her majesty's pleasure
    • Substitution of fixed term sentence
    • Section 67c criminal procedure ordinance
    • Bill of rights article 12
    • Long term prisoners review board
    • Rehabilitation credit

  • 26 Oct 2004

    HKSAR v. LAI HUNG WAI

    Citation
    HKSAR v. LAI HUNG WAI
    Court
    Court of First Instance
    Case number
    HCMP2208/2004

    Because detention at Executive discretion (formerly detention at Her Majesty's pleasure) is a distinct and more lenient form of indeterminate detention and retrospective conversion into a notional life sentence with a minimum term would impose a heavier and uncertain penalty, the court in an appropriate case should exercise s.67C(4)(b) to quash the original sentence and substitute a fixed term; applying the statutory criteria and the respondent's mitigating factors (gravity at the lower end of murder, youth, intoxication, remorse, exemplary prison record and full rehabilitation), a fixed term…

    • Minimum term determination
    • Detention at her majesty's pleasure
    • Retrospective penalty
    • Statutory interpretation
    • Rehabilitation