The ninth edition of Sentencing in Hong Kong is an essential text for anyone involved in the criminal law, as well as for students and analysts. It examines all aspects of sentencing law, practice and procedure, and considers the impact of latest developments. These include the way in which assistance to the authorities should be evaluated, the weight to be placed upon victims’ interests, and sentencing for public order offences.
Significant judgments are incorporated, and the updated Appendix contains the cases on sentencing principles and quantum of sentence, and indicates customary sentencing ranges. The effect of constitutional changes on sentencing is considered, as also are legislative changes. Aggravating and mitigating factors invariably affect sentence, and chapters have been expanded to accommodate recent decisions. The constitutionality of sentencing guidelines is considered, as also is the role of reviews of sentence in maintaining public confidence in criminal justice. The text overall has undergone modernization, and case law from other jurisdictions has been widely referenced to illustrate particular propositions and provide a comparative context. At a time of turbulence in society, just sentencing has assumed yet greater significance and the arrival of the ninth edition is welcome. It will not only provide guidance for courts and legal professionals, but also enlightenment for the wider community.
Patrick WS Cheung is a barrister-at-law, with a wide experience of public prosecutions in the Department of Justice. He served as Head of the Vulnerable Witness Team, Chairman of the Standing Committee on Disclosure, and Prosecution Policy Co-ordinator on Policy and Research (Crime). Mr Cheung sat on the Criminal Procedure Rules Committee, and the Working Group on Combating Violence. He is the author of Sentencing Policy, and has contributed to Halsbury’s Laws of Hong Kong and The Annotated Ordinances of Hong Kong. Mr Cheung has served as Associate Editor of Hong Kong Cases, Contributing Editor of Archbold Hong Kong and Consultant Editor of Hong Kong Law Reports and Digest. In 2010, he was awarded the Long and Meritorious Service Certificate, for services to government.
Grenville Cross SBS, QC, SC is the Vice Chairman (Senate) of the International Association of Prosecutors, and chairs the Association’s Standing Committee on Prosecutors in Difficulty. A career prosecutor, he served as Director of Public Prosecutions from 1997 to 2009. Mr Cross was called to the Bar by the Middle Temple in 1974, and was appointed Queen’s Counsel in 1990, becoming Senior Counsel in 1997. He is Honorary Professor of Law, University of Hong Kong, Visiting Professor of Law, Chinese University of Hong Kong, Adjunct Professor of Law, China University of Political Science and Law, Beijing, and Visiting Professor of Law, Zhongnan University of Economics and Law, Wuhan. Mr Cross is the Sentencing Editor of Hong Kong Cases and of Archbold Hong Kong. He is the Patron of Against Child Abuse, and Honorary Consultant to the Child Protection Institute. In 2010, Mr Cross was awarded the Certificate of Merit of the International Association of Prosecutors, for services to international prosecutions.
Chapter 1 Aggravating Factors Chapter 2 Antecedent Statements and Background Reports Chapter 3 Appeal against Sentence Chapter 4 Assistance to Authorities Chapter 5 Binding Over Orders Chapter 6 Classical Principles of Sentencing Chapter 7 Clear Record Chapter 8 Community Service Order Chapter 9 Compensation Order Chapter 10 Concurrent and Consecutive Sentencing Chapter 11 Confiscation Orders Chapter 12 Costs in Criminal Cases Chapter 13 Criminal Bankruptcy Order Chapter 14 Criminal Record Chapter 15 Defender and Sentence Chapter 16 Detention Centre Chapter 17 Discharge Orders Chapter 18 Disparity of Sentence Chapter 19 Disqualification from Driving Chapter 20 Drug Addiction Treatment Centre Chapter 21 Factual Basis for Sentence Chapter 22 Fine Chapter 23 Forfeiture Chapter 24 Generalised Sentencing Chapter 25 Guidelines Chapter 26 Guilty and Not Guilty Pleas Chapter 27 Hospital Order Chapter 28 Length of Sentence Chapter 29 Life Imprisonment Chapter 30 Mitigating Factors Chapter 31 Plea Bargaining Chapter 32 Postponement of Sentence Chapter 33 Prevalence of Offence Chapter 34 Probation Order Chapter 35 Prosecutor and Sentence Chapter 36 Reasons for Sentence Chapter 37 Reformatory School Chapter 38 Remission of Sentence Chapter 39 Restitution Orders Chapter 40 Retrial Sentencing Chapter 41 Review of Sentence Chapter 42 Sentencing Jurisdiction Chapter 43 Solitary Confinement Chapter 44 Spent Conviction Chapter 45 Suspension of Sentence Chapter 46 Taking Offences Into Consideration Chapter 47 Totality Principle Chapter 48 Training Centre Chapter 49 Victim of Crime Chapter 50 Young Offender