6 Feb 2018
SECRETARY FOR JUSTICE v. LAW KWUN CHUNG
- Citation
- [2018] HKCFA 4
- Court
- Court of Final Appeal
- Case number
- FACC9/2017
The Court of Final Appeal allowed the appeals, holding the Court of Appeal erred in substituting immediate custodial sentences for the appellants because the magistrate’s community service orders and suspended sentence were within her sentencing discretion and not manifestly inadequate; the Court of Appeal’s new guidance on stricter sentencing for unlawful assemblies involving violence is valid prospectively but should not have been applied retrospectively to these appellants; the CA also erred in relation to s109A for the first appellant; therefore CA sentences quashed and magistrate sentenc…