11 Oct 2000
The Court refused to depart from the sentencing judge's exercise of discretion, holding that given the applicant's background and attitude a Training Centre Order was not clearly more appropriate and that the 30 months imprisonment (arrived at by a 5-year starting point less a third for plea and less 10 months for age) was within the permissible range; application dismissed.
11 Jul 1997
Chau's appeal dismissed because differences in prior record, character and mitigation justified the longer sentence for Chau compared with Lee; Yeung's sentence was set aside because the original sentencing produced an incredible and unjustifiable overall disparity exacerbated by errors in computation and naming of the charge, warranting substitution of a 30-month overall term with individual sentences reduced pro rata.
28 Jul 1994
Under s.37C(1) Immigration Ordinance the correct sentencing framework is: a five year starting point for the captain/person in charge and for those who actively organized the illicit voyage; a four year starting point for crew members simpliciter; aggravating accretions (eg concealment endangering passengers, unseaworthiness) add to the starting point but apply to non-captain crew only if they actively participated in those aggravating circumstances; particulars should identify any person alleged to be captain; youth merits limited discount and does not justify substantial departure from the…