Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Enhancement of sentence

Legal area

Court

23 Dec 2003

HKSAR v. LAI SIU CHEUNG

Citation

HKSAR v. LAI SIU CHEUNG
Court

Court of Appeal
Case number

CACC487/2002

Applying the Medway nullity test, the court held that only an abandonment that was not a deliberate and informed act (i.e. a nullity) can be set aside; mistaken or incorrect advice about prospects of success does not amount to such a nullity. The applicant failed to establish that his abandonment was a nullity and the application was rejected; no referral under section 83P was warranted.
6 Jun 1989

ATTORNEY GENERAL v. CHAN TAK KING

Citation

ATTORNEY GENERAL v. CHAN TAK KING
Court

Court of Appeal
Case number

CAAR21/1988

ss.81A and 81B must be read as granting the Court of Appeal discretion: the Court is not compelled to enhance a sentence merely because it is wrong in principle or manifestly inadequate; the Court may consider intervening events and other sentencing considerations and may lawfully give a discount for 'double peril'. Nonetheless, on the facts the fines imposed were wrong in principle and manifestly inadequate and custodial sentences in the 6–9 month range should have been considered after compliance with s.54A and consideration of DATC suitability.