Hong Kong Case Law: Decisions & Judgments

Topic

Retrospective penalty

Legal area

Court

18 Mar 2005

SECRETARY FOR JUSTICE v. LAU MAN PO

Citation

SECRETARY FOR JUSTICE v. LAU MAN PO
Court

Court of First Instance
Case number

HCMP2212/2004

The court concluded that for prisoners detained at Executive discretion (formerly detention at Her Majesty's Pleasure) converting that status effectively into a life sentence with a minimum term risks imposing a retrospective heavier penalty; exercising the specific power in s.67C(4)(b) to quash the original sentence and substitute a fixed determinate term was appropriate on the facts. Applying sentencing comparators and accounting for rehabilitation and low risk, the court substituted the original sentence with 25 years' imprisonment (after a two-year discount).
26 Oct 2004

HKSAR v. LAI HUNG WAI

Citation

HKSAR v. LAI HUNG WAI
Court

Court of First Instance
Case number

HCMP2208/2004

Because detention at Executive discretion (formerly detention at Her Majesty's pleasure) is a distinct and more lenient form of indeterminate detention and retrospective conversion into a notional life sentence with a minimum term would impose a heavier and uncertain penalty, the court in an appropriate case should exercise s.67C(4)(b) to quash the original sentence and substitute a fixed term; applying the statutory criteria and the respondent's mitigating factors (gravity at the lower end of murder, youth, intoxication, remorse, exemplary prison record and full rehabilitation), a fixed term…
9 Nov 1995

THE LAW SOCIETY OF HONG KONG v. A SOLICITOR

Citation

THE LAW SOCIETY OF HONG KONG v. A SOLICITOR
Court

Court of Appeal
Case number

CACV130/1995

The Court upheld the Tribunal's findings that the monies were clients' money and that the appellant's participation in the passport scheme amounted to conduct unbefitting a solicitor; the appropriate standard for disciplinary findings is the balance of probabilities; the Tribunal's reasons were sufficient; the appeal is dismissed except that the fine must be reduced from HK$100,000 to HK$50,000 because the higher penalty post‑dated the appellant's conduct.

Hong Kong Case Law

SECRETARY FOR JUSTICE v. LAU MAN PO

HKSAR v. LAI HUNG WAI

THE LAW SOCIETY OF HONG KONG v. A SOLICITOR