Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Extradition custody
  • 14 Jul 1994

    LAW YUI WO v. R.

    Citation
    LAW YUI WO v. R.
    Court
    Court of Appeal
    Case number
    CACC107/1994

    The Court held that while the general position is that custody abroad pending extradition will not automatically be credited because the defendant may be the author of his own misfortune, where specific periods of detention abroad occurred through no fault of the defendant (here six weeks due to an administrative error), the sentencing court should exercise its discretion to give credit; accordingly the sentence was reduced by six weeks.