Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mitigation and clemency

Legal area

Court

7 May 1982

HUI CHAU HOI v. THE QUEEN

Citation

HUI CHAU HOI v. THE QUEEN
Court

Court of Appeal
Case number

CACC991/1981

Because the appellant demonstrated genuine remorse, had good antecedents and compelling family circumstances supported by probation and social inquiry reports, the Court exercised an exceptional course and reduced the six year sentence for robbery to three years and ordered the six month sentence on the third charge to run concurrently, producing a total sentence of three years.
12 Mar 1982

YUNG SIU-KEN v. THE QUEEN

Citation

YUNG SIU-KEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC990/1981

Although the original sentences (two years on the first charge and concurrent two‑year sentences on four others) were not excessive in principle, the Court exercised clemency based on the appellant’s background, depressive history, family responsibilities and the likely adverse effects of prolonged imprisonment; suspension was inappropriate, but reduction of the first count to one year and maintenance of concurrent sentences on the remaining counts produced a total effective sentence of one year.