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Sentencing in Hong Kong, 7th Edition

Sentencing in Hong Kong, 7th Edition

Author: I Grenville Cross SBS, SC; Patrick WS Cheung
Publisher: LexisNexis Hong Kong
ISBN: 9789888300662
Published In: April 2015
Format: Hardback , 712 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Comprehensive and indispensable --- The influential text, Sentencing in Hong Kong, is now in its 7th edition

Sentencing in Hong Kong is an indispensable tool for criminal practitioners to navigate the complexities of sentencing law and procedure. The works aids in determining advice to the client and in preparation for sentencing. The text is both analytical and practical, providing an essential work of reference for anyone involved in criminal proceedings.

"In the Foreword to the Sixth Edition, Patrick Chan, formerly a Permanent Judge of the Court of Final Appeal, said: 'To indulge in making comparison with other cases but to overlook the fundamental sentencing principles would be missing the whole object of sentencing'. I agree fully with those words. When I first joined the Court of Appeal and began dealing with criminal cases after a gap of over 20 years and having to look closely at sentences (in some cases fixing sentencing tariffs), this textbook provided invaluable guidance to me. Like many judges and practitioners, I am grateful to the authors for producing this excellent work." - Foreword to the seventh edition by Geoffrey Ma, Chief Justice, Court of Final Appeal

The seventh edition of Sentencing in Hong Kong is an essential work of reference. Recent developments in the law, practice and procedure of sentencing are incorporated, and issues are considered in a practical way. The impact of new legislation is explained, and the latest sentencing guidelines and tariff judgments are included. The factors which aggravate and mitigate sentence have been expanded, and the text as a whole has been modernised. The Appendix contains the cases on quantum of sentence, and it has been expertly expanded for the reference of courts and counsel. The effect on sentencing of appellate judgments is examined, and the text throughout is both analytical and practical. Whilst the focus is on local case law, jurisprudence from elsewhere is referenced where this assists an appreciation of the point in issue.

The seventh edition builds on the achievements of its predecessors, and will be of value to anyone concerned with the proper disposal of criminal cases, as well as to those interested in crime and the punishment of offenders. It is current as of 1 April 2015.

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

I Grenville Cross, SC

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. A member of the Bars of England and Wales, and of Hong Kong, Mr Cross was appointed Queen's Counsel in 1990, becoming Senior Counsel in 1997. He is Honorary Professor of Law, University of Hong Kong, and Adjunct Professor of Law, China University of Political Science and Law, Beijing. Mr Cross is Sentencing Editor of Hong Kong Cases and of Archbold Hong Kong. He graduated from the University of Southampton, and was called to the Bar by the Middle Temple, of which he was a Blackstone Entrance Exhibitioner (Major). In 2010, he was awarded the Certificate of Merit of the International Association of Prosecutors.

Patrick WS Cheung

Patrick WS Cheung is a barrister-at-law with 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 also 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. A graduate of the University of London, Mr Cheung has served as Consultant Editor of Hong Kong Law Reports and Digest and on the Editorial Board of Hong Kong Cases. In 2010, he was awarded the Meritorious Service Certificate for services to government.

Comments by legal authorities on previous editions:

‘Comprehensive and expert.’ by Sir TL Yang, Chief Justice on the first edition
‘Invaluable for anyone involved in the criminal process, at every level.’ by Mr Justice Kutlu Fuad NPJ on the second edition
‘Cross and Cheung’s most excellent book of reference.’ by Mr Justice Stuart-Moore VP on the third edition
‘Thorough and analytical…this excellent work.’by Mr Justice Frank Stock JA on the fourth edition
‘A very helpful, and indeed indispensable, tool to all practitioners and members of the judiciary having to deal with crime.’ by Mr Justice KH Woo VP on the fifth edition
‘This wonderful work.’ by Mr Justice Patrick Chan PJ on the sixth edition