Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rehabilitation centre order

  • 12 Mar 2021

    SECRETARY FOR JUSTICE v. CHAN LINCOLN

    Citation
    [2021] HKCA 255
    Court
    Court of Appeal
    Case number
    CAAR13/2020

    The magistrate's imposition of a 12‑month probation order was wrong in principle and manifestly inadequate for an assault on a police officer involving a potentially lethal weapon in the context of public disorder; the Court set aside the probation order and substituted a Rehabilitation Centre Order because immediate custodial treatment with counselling better balanced public deterrence and the respondent's rehabilitative needs given he was unsuitable for Detention Centre.

  • 29 Jan 2003

    HKSAR v. LAM KAM WING

    Citation
    HKSAR v. LAM KAM WING
    Court
    Court of First Instance
    Case number
    HCMA978/2002

    Although the offence was serious and the magistrate's finding of triad-related involvement was upheld, the rehabilitation centre order was disproportionate in light of the appellant's age (18), clear record, steady employment, cessation of association with the co-defendant and supportive family; accordingly the appeal was allowed in part and the rehabilitation order was quashed and replaced with an 18-month probation order to better serve rehabilitation interests.