4 Jul 2001
HKSAR v. LAU CHEONG AND ANOTHER
- Citation
- HKSAR v. LAU CHEONG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC646/1998
The Court held that the grievous bodily harm rule as part of murder mens rea and the secondary offender rule (requiring actual foresight of a real risk) are compatible with the Hong Kong Bill of Rights and the Basic Law; mandatory life sentences do not breach those rights given the statutory Long-Term Prison Sentences Review mechanism and Article 11(4) review can be given effect notwithstanding s83G; accordingly convictions and sentence appeals were dismissed (leave to appeal against sentence granted but dismissed).