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Sentencing in Hong Kong, 6th Edition

Sentencing in Hong Kong, 6th Edition

Author: I Grenville Cross SBS, SC; Patrick WS Cheung
Publisher: LexisNexis Hong Kong
ISBN: 9789888111022
Published In: May 2011
Format: Hardback , 860 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Coverage of all aspects of sentencing. Suitable for all practitioners of criminal law.

The sixth edition of Sentencing in Hong Kong is the latest version of Hong Kong's foremost sentencing text to issue from its expert authors, Grenville Cross SBS, SC and Patrick WS Cheung, assisted by Elaine YL Tsui.

In the last four years, there have been significant developments in the law of sentencing. The text expertly charts these changes, and reviews the impact of new legislation and of advances in practice and procedure. The latest sentencing guidelines and tariff judgments are incorporated, together with an examination of the judgments affecting sentence from both the Court of Final Appeal and the intermediate appellate courts. The text as a whole has been modernised, and the key chapters on aggravating and mitigating factors have been expanded and updated.

The text is skilfully presented in a style that is both clear and comprehensive, with discrete and self-contained chapters. The Appendix contains the cases on quantum of sentence, and provides invaluable guidance for courts and counsel.

The text throughout is analytical and considered, with useful references to comparative jurisprudence. Anyone involved in criminal cases will place a heavy reliance on this work.

“It is, if I may say so, an indispensable reference book for criminal practitioners... this wonderful work.” - The Hon Mr Justice Patrick Chan, Permanent Judge of the Court of Final Appeal

First edition:

‘Comprehensive and expert.’ - Sir TL Yang, Chief Justice

Second edition:

‘Invaluable for anyone involved in the criminal process, at every level.’ - Mr Justice Kutlu Fuad NPJ

Fourth edition:

‘A classic in Hong Kong’s legal literature.’ - Professor Simon NM Young

Third edition:

‘Cross and Cheung’s most excellent book of reference.’ - Mr Justice Stuart-Moore VP

Fifth edition:

‘A very helpful, and indeed indispensable, tool to all practitioners and members of the judiciary having to deal with crime.’ - Mr Justice KH Woo VP

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

Appendix (cases on quantum of sentence for offences)

I Grenville Cross SBS, SC is a Senator of the International Association of Prosecutors. A career prosecutor, he has specialised in the criminal law of Hong Kong since 1978. Appointed Queen's Counsel in 1990, he is the Sentencing Editor of Hong Kong Cases and holds honorary professorships of law at universities in Hong Kong and Beijing.

Patrick WS Cheung is a barrister-at-law, with a wide experience of public prosecutions in Hong Kong. He is the author of Sentencing Policy, and has contributed to Halsbury's Laws of Hong Kong and The Annotated Ordinances of Hong Kong. He is a criminal law practitioner, and has specialised in victims' rights.