15 Apr 2005
SECRETARY FOR JUSTICE v. CHEUNG YAU HANG
- Citation
- SECRETARY FOR JUSTICE v. CHEUNG YAU HANG
- Court
- Court of First Instance
- Case number
- HCMP2184/2004
For prisoners who were detained at Her Majesty's Pleasure and are now detained at Executive discretion, the court may exercise s.67C(4)(b) to quash the original indeterminate sentence and substitute a fixed term. Converting such indeterminate Executive detention into a notional life sentence with a minimum term risks retrospective augmentation of penalty and uncertainty; a substituted fixed term is a more lenient and appropriate disposition where justified by the circumstances, rehabilitation and risk assessment. Applying those principles to this respondent, the appropriate substituted determ…