Law Criminal Law

Sentencing in Hong Kong, 8th Edition

By Grenville Cross SBS, SC, Patrick WS Cheung
LexisNexis Hong Kong June 2018

Specifications

ISBN-13
9789888476671
Publisher
LexisNexis Hong Kong
Publication
June 2018
Format
Paperback , 840 pages
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

The eighth 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. Recent appellate judgments have significantly changed sentencing practice, and the effects are expertly analysed. By referencing case law from other jurisdictions, local sentencing norms are placed in a comparative context, which enriches the whole. The impact of human rights guarantees on sentencing for specific offences is considered, against the backdrop of international jurisprudence. The appropriateness of particular sentences is assessed, together with the factors which influence the available choices. New legislation is explained, and the changes to sentencing guidelines and tariff judgments are discussed. Aggravating and mitigating factors are summarised, with the overall text having undergone modernisation. The Appendix contains the cases on quantum of sentence and the sentencing ranges for particular offences, and new topics are included. 

Table of Contents

 1 Aggravating Factors
2 Antecedent Statements and Background Reports
3 Appeal against Sentence
4 Assistance to Authorities
5 Binding Over Orders
6 Classical Principles of Sentencing
7 Clear Record
8 Community Service Order
9 Compensation Order
10 Concurrent and Consecutive Sentencing
11 Confiscation Orders
12 Costs in Criminal Cases
13 Criminal Bankruptcy Order
14 Criminal Record
15 Defender and Sentence
16 Detention Centre
17 Discharge Orders
18 Disparity of Sentence
19 Disqualification from Driving
20 Drug Addiction Treatment Centre
21 Factual Basis for Sentence
22 Fine
23 Forfeiture
24 Generalised Sentencing
25 Guidelines
26 Guilty and Not Guilty Pleas
27 Hospital Order
28 Length of Sentence
29 Life Imprisonment
30 Mitigating Factors
31 Plea Bargaining
32 Postponement of Sentence
33 Prevalence of Offence
34 Probation Order
35 Prosecutor and Sentence
36 Reasons for Sentence
37 Reformatory School
38 Remission of Sentence
39 Restitution Orders
40 Retrial Sentencing
41 Review of Sentence
42 Sentencing Jurisdiction
43 Solitary Confinement
44 Spent Conviction
45 Suspension of Sentence
46 Taking Offences Into Consideration
47 Totality Principle
48 Training Centre
49 Victim of Crime
50 Young Offender

About the Author

I Grenville Cross SBS, SC

Grenville Cross SBS, 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. In 2010, he 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.

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