Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Voluntary surrender and mitigation
  • 22 Mar 2017

    HKSAR v. NAM KA CHAI

    Citation
    HKSAR v. NAM KA CHAI
    Court
    Court of Appeal
    Case number
    CACC81/2016

    The applicant's report to police was compelled and did not amount to voluntary surrender so it did not attract additional mitigation; however his substantial assistance to the prosecution warranted the upper limit discount of 45% from a 12‑year starting point producing 6 years 7 months, the court preserved the judge's discretionary 3‑month credit yielding 6 years 4 months and, taking into account remissions and earliest release calculations, substituted a sentence permitting immediate release; extension of time and admission of fresh evidence were granted in the interests of justice.