Sentencing in Hong Kong 11th ed

The Appendix summarises useful judgments in all areas and indicates maximum penalties. Aggravating factors are indicated, and the changes to the way in which they affect the sentencing of drug traffickers is explained. The mitigating factors have been expanded, including the impact of background on sentence, the relevance of a confederate having been granted immunity from prosecution, and the effect of academic achievements.  The way in which those convicted of national security offences should be sentenced is explained, and the latest guidelines for trafficking in cannabis are incorporated. The courts have stressed that if trial courts only pay lip service to guidelines, the sentencing process will likely miscarry. The six-stage sentencing approach for drug traffickers has been extended to offenders generally, and the way in which supergrasses should be sentenced has been reviewed.

The chapter on rehabilitation centres has been rewritten, and the impact of the latest judgments concerning compensation orders, forfeiture orders,  drug addiction treatment centre orders and driving disqualification orders is assessed. The sentencing guidelines for attempting to pervert the course of public justice have been reconsidered, and guidance has been provided on the punishment of internet fraud. In road traffic cases, the courts have indicated that although the primary consideration is the gravity of the impugned driving, the consequences of the offence are also relevant to sentence.

A comparative dimension is provided by reference to selected judgments from other common law jurisdictions, including on the effect of public opinion on the sentencing of offenders and the impact on the sentencing discount of an offender who has been financially rewarded for assisting the authorities. This edition is the most comprehensive to date, and is current as of 1 May 2024.     

table of content

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 and Globalised 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 National Security Law

Chapter 32 Plea Bargaining

Chapter 33 Postponement of Sentence

Chapter 34 Prevalence of Offence

Chapter 35 Probation Order

Chapter 36 Prosecutor and Sentence

Chapter 37 Reasons for Sentence

Chapter 38 Reformatory School

Chapter 39 Rehabilitation Centre

Chapter 40 Remission of Sentence

Chapter 41 Restitution Orders

Chapter 42 Retrial Sentencing

Chapter 43 Review of Sentence

Chapter 44 Sentencing Jurisdiction

Chapter 45 Solitary Confinement

Chapter 46 Spent Conviction

Chapter 47 Suspension of Sentence

Chapter 48 Taking Offences into Consideration

Chapter 49 Totality Principle

Chapter 50 Training Centre

Chapter 51 Victim of Crime

Chapter 52 Young Offender