Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdictional limit of magistrate
  • 19 Apr 2001

    HKSAR v. CHUNG FOON MING

    Citation
    HKSAR v. CHUNG FOON MING
    Court
    Court of First Instance
    Case number
    HCMA163/2001

    The magistrate was correct to take latent risk into account but the 100% enhancement was excessive; proper enhancement was three months raising the 15-month starting point to 18 months, reduced by one-third for the guilty plea to 12 months; 75% of that (9 months) to run consecutively to the existing 22-month sentence producing a total effective sentence of 31 months. The magistrate erred in using a starting point beyond his jurisdictional limit for calculating plea discount, but that point was academic given the reduction ordered.