Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Youth sentencing (s.109a)

  • 6 Feb 2018

    SECRETARY FOR JUSTICE v. WONG CHI FUNG

    Citation
    [2018] HKCFA 4
    Court
    Court of Final Appeal
    Case number
    FACC8/2017

    The Court of Final Appeal allowed the appeals, quashed the Court of Appeal's substituted immediate custodial sentences and reinstated the magistrate's original sentences because the magistrate's sentencing was within the permissible discretionary range and not manifestly inadequate; the Court of Appeal may give guidance for future unlawful assembly cases involving violence but that new guidance could not be applied retrospectively to increase sentences for offences committed before the guidance; the Court of Appeal also erred in dispensing with s.109A requirements for the first appellant.

  • 17 Jan 2018

    SECRETARY FOR JUSTICE v. SHUM LESTER

    Citation
    [2018] HKCFI 77
    Court
    Court of First Instance
    Case number
    HCMP781/2015

    S109A does not apply because the Court of First Instance was not exercising criminal jurisdiction in these contempt proceedings (they remain civil causes or matters); accordingly the court may sentence respondents according to their level of culpability with immediate imprisonment for principal obstructors and suspended sentences or fines for lesser participants; costs awarded to applicant on an indemnity basis.

  • 4 Mar 1974

    ATTORNEY GENERAL v. LIU WING CHUEN

    Citation
    ATTORNEY GENERAL v. LIU WING CHUEN
    Court
    Court of Appeal
    Case number
    CAAR7/1974

    The Full Court held the Attorney General's review application failed: the six months' imprisonment suspended for eighteen months was not manifestly inadequate given the respondent's age, first-offender status and s.109A(1) requirements; courts should decide bribery sentences on their merits rather than applying a rule of automatic immediate custody for s.4(1) offences; confiscation of offered money is available under s.102 CPO though no hard rule was prescribed.