Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sentence enhancement under section 27

Legal area

Court

5 Nov 2002

HKSAR v. YIP KWOK FAI

Citation

HKSAR v. YIP KWOK FAI
Court

Court of Appeal
Case number

CACC306/2002

Where two offences are closely connected and arise from the same course of conduct the sentencer must take a global view to avoid double punishment; enhancement under s.27 is available when prevalence is shown but on first occasion a moderate enhancement (25%) was appropriate here; appellant was entitled to no more than one-third discount for plea and clear record; applying these principles the overall sentence was excessive and should be reduced to a total of 30 months by limiting the consecutive element to five months.
28 Aug 2002

HKSAR v. CHENG KING LUNG

Citation

HKSAR v. CHENG KING LUNG
Court

Court of Appeal
Case number

CACC67/2002

Where prosecution furnishes section 27(2) information that satisfies statutory requirements the court may enhance sentence under s27(11)(b) on those factors even absent a s27(4) notice; however enhancement on the basis that offences are organized crimes requires a s27(4) notice. Applying those principles and weighing gravity, planning, prevalence and guilty plea, a pre-enhancement totality of five years and a 20% enhancement (one year) producing a six-year sentence was appropriate and not open to interference.