Hong Kong Case Law: Decisions & Judgments

Topic

Time served credit

Legal area

Court

24 Jan 2025

HKSAR v. BAPARI MD SHAHIN

Citation

[2025] HKCFI 1448
Court

Court of First Instance
Case number

HCMA412/2024

On rehearing the court accepted the clarified chronology showing the appellant had served a total of 150 days in custody connected to the immigration offence (including 86 days immediately prior to first appearance) and, applying s.67A and relevant authorities, exercised its discretionary power to credit the entire 150 days against the 15‑month sentence; the appeal against sentence was therefore allowed and the sentence reduced accordingly.
11 Apr 2014

HKSAR v. SHAK NASIR

Citation

HKSAR v. SHAK NASIR
Court

Court of First Instance
Case number

HCMA147/2014

The statutory provision s67A(1A) confines any automatic reduction to custody 'in connection with that offence' immediately prior to first appearance; the appellant's 46 days administrative detention in 2007 was unrelated to the 2013 offence and the magistrate did not err in refusing to exercise her discretion to deduct that period, so the 15-month sentence stands.
5 Aug 2009

HKSAR v. LEE KWOK HUNG

Citation

HKSAR v. LEE KWOK HUNG
Court

Court of First Instance
Case number

HCMA494/2009

The appeal was allowed in that custodial sentences were inappropriate given the appellant's terminal illness, longstanding addiction, the minor nature of the theft and absence of a pattern of similar offending; consecutive imprisonment was unjustified and a conditional discharge on both matters was the appropriate disposal to avoid needlessly depriving the appellant of his remaining months.
13 Jun 2001

HKSAR v. NG YUK CHING POLLY

Citation

HKSAR v. NG YUK CHING POLLY
Court

Court of Appeal
Case number

CACC98/2001

Leave to appeal against sentence was granted because, although the original order to detain the applicant in a training centre was not shown to be wrong in principle on the material before the sentencing judge, there was an arguable ground that the time already spent in custody and training may have achieved the rehabilitative purpose of the order, warranting appellate consideration and an up-to-date report.
27 May 1977

WONG HING v. THE QUEEN

Citation

WONG HING v. THE QUEEN
Court

Court of Appeal
Case number

CACC485/1977

The sentence was reduced from two years to one year because the total quantity was very small (packets of 0.1g, totaling about 0.4g), there was no evidence of syndicate involvement, the appellant was elderly (76) with domestic mitigating circumstances, and he had been in custody since arrest; credit for time served to be applied per Chu Chun-sing v. The Queen (1976) H.K.L.R.678.
26 May 1977

TO CHUEN v. THE QUEEN

Citation

TO CHUEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC487/1977

Although the offence presents a serious danger and the magistrate was correct to stress its gravity, imprisonment was not an appropriate sentence in this case; the appeal is allowed to the extent of treating the sentence as served by the period in custody prior to bail and ordering immediate release.
4 Dec 1976

CHENG WAI-HUNG v. THE QUEEN

Citation

CHENG WAI-HUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC1209/1976

Although two years' imprisonment was not excessive, fairness required reducing the sentence by four months (the sentence the appellant had already served because authorities delayed arrest), and substituting a sentence of one year and eight months' imprisonment.

Hong Kong Case Law

HKSAR v. BAPARI MD SHAHIN

HKSAR v. SHAK NASIR

HKSAR v. LEE KWOK HUNG

HKSAR v. NG YUK CHING POLLY

WONG HING v. THE QUEEN

TO CHUEN v. THE QUEEN

CHENG WAI-HUNG v. THE QUEEN