Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sentence quashing and substitution
  • 9 Aug 1991

    THE QUEEN v. LO CHIU

    Citation
    THE QUEEN v. LO CHIU
    Court
    Court of First Instance
    Case number
    HCMA32/1991

    The charge was amendable on appeal by correcting 'Section' to 'Regulation' and 'Ordinance' to 'Regulations' to properly allege an offence under Regulation 19(g)(i); because the correct offence carried a lower maximum (1 year) than the sentence imposed (15 months), the sentence was unlawful and was quashed and substituted to permit the appellant's immediate release.