Sentencing in Hong Kong, 10th Edition

Author: I Grenville Cross SBS, SC, Patrick WS Cheung
Publisher: LexisNexis Hong Kong
ISBN: 9789888799732
Published In: July 2022
Format: Hardback
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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The 10th edition of Sentencing in Hong Kong is a vital work of reference for anyone involved in the criminal law, as well as for students and observers.

It examines all aspects of sentencing law and practice, and considers the effect of latest developments.

The 10th 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 modernisation, 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.

What’s in this edition:

New chapters on the national security law and rehabilitation centres have been added, and this edition is now the most comprehensive in the series.
Arising out of the public disorder in 2019-20, numerous offenders have been sentenced for a variety of crimes, including arson, riot and violence against police officers, and the courts have identified the relevant principles of punishment, and these are now explained.

Comment on the ninth edition:

‘An impressive work of legal scholarship.’ – Mr Justice Robert Ribeiro PJ

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

Grenville I Cross SBS, SC

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.

Patrick WS Cheung

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.

“The 9th Edition continues to secure this book’s place as the essential work on sentencing law and practice in Hong Kong. Beyond serving professional and academic needs, it makes an important contribution to public discourse. It is a resource of great importance to the administration of justice in Hong Kong.” - Robert Ribeiro, Permanent Judge, Hong Kong Court of Final Appeal