9 Sept 2002
YAU KWONG MAN v. SECRETARY FOR SECURITY
- Citation
- YAU KWONG MAN v. SECRETARY FOR SECURITY
- Court
- Court of First Instance
- Case number
- HCAL1595/2001
Section 67C(2),(4) and (6) of the Criminal Procedure Ordinance, by vesting determination of minimum terms (a function that in substance determines the severity of punishment) in the Chief Executive, impermissibly places an inherently judicial function in the executive and is inconsistent with Basic Law Art.80; declarations that s.67C contravenes ICCPR Art.14(1)/Basic Law Art.8 and that s.12(12) of the Sentences Review Ordinance contravenes ICCPR Art.9(4)/Basic Law Art.8 are refused because (i) the statutory 'minimum term' scheme as applied to new cases is judicially exercised and (ii) habeas…