Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Possession of dangerous drugs (s.8 ddo)
  • 6 Jun 1989

    ATTORNEY GENERAL v. CHAN TAK KING

    Citation
    ATTORNEY GENERAL v. CHAN TAK KING
    Court
    Court of Appeal
    Case number
    CAAR21/1988

    ss.81A and 81B must be read as granting the Court of Appeal discretion: the Court is not compelled to enhance a sentence merely because it is wrong in principle or manifestly inadequate; the Court may consider intervening events and other sentencing considerations and may lawfully give a discount for 'double peril'. Nonetheless, on the facts the fines imposed were wrong in principle and manifestly inadequate and custodial sentences in the 6–9 month range should have been considered after compliance with s.54A and consideration of DATC suitability.

    • Sentence review
    • Enhancement of sentence
    • Sentencing guidelines
    • Possession of dangerous drugs (s.8 ddo)
    • Discretion under s.81b
    • Treatment and datc