Hong Kong Case Law: Decisions & Judgments

Topic

Section 67c

Legal area

Court

2 Mar 2005

SECRETARY FOR JUSTICE v. AU KWOK LEUNG

Citation

SECRETARY FOR JUSTICE v. AU KWOK LEUNG
Court

Court of First Instance
Case number

HCMP2251/2004

A judge exercising the s67C(3) power must fix a minimum term that reflects the original sentencing considerations of gravity, retribution and deterrence, may take relevant post-sentence reports into account (but not prior executive determinations), and applying contemporary sentencing starting points and remission principles the appropriate minimum term for the respondent's four rape convictions is 20 years imprisonment.
18 Feb 2005

SECRETARY FOR JUSTICE v. CHAN CHI WAH

Citation

SECRETARY FOR JUSTICE v. CHAN CHI WAH
Court

Court of First Instance
Case number

HCMP2249/2004

The court must determine a minimum term reflecting the gravity of the two rape offences and purposes of retribution and deterrence by adopting an appropriate starting point (assessed as 12 years per rape count if sentenced today), applying credit for guilty plea and accounting for possible statutory remission; having considered original sentencing remarks, contemporary sentencing standards and the respondent's progress and risk assessments, the court set the minimum term to be served for the two rape counts at 14 years.
28 Jan 2005

SECRETARY FOR JUSTICE v. LI MAN FAI

Citation

SECRETARY FOR JUSTICE v. LI MAN FAI
Court

Court of First Instance
Case number

HCMP2242/2004

The court must determine the minimum term primarily by reference to the gravity of the original offences, adopting the position of the sentencing judge, may consider relevant post‑sentence material but must ignore prior executive determinations; applying that approach the appropriate minimum term for the respondent's two rape convictions is fixed at 20 years.

Hong Kong Case Law

SECRETARY FOR JUSTICE v. AU KWOK LEUNG

SECRETARY FOR JUSTICE v. CHAN CHI WAH

SECRETARY FOR JUSTICE v. LI MAN FAI