Sentencing in Hong Kong - Eleventh Edition

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.