Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Legislative change (touch-base abolition)
  • 22 Dec 1980

    ATTORNEY GENERAL v. LO WAN-KEUNG

    Citation
    ATTORNEY GENERAL v. LO WAN-KEUNG
    Court
    Court of Appeal
    Case number
    CAAR13/1980

    The Court held the original sentences were manifestly inadequate given the planned commercial nature of the offences and the legislative and societal context; in AR13 the one year sentence for aiding passage of 11 unauthorised entrants was set aside and substituted with two years imprisonment; in AR14 the three year sentences for ownership/operation of the vessel transporting 31 unauthorised entrants were set aside and substituted with five years imprisonment each. Sentencing must reflect gravity, deterrence and updated policy.