Read the full judgment text of FACC 000009/2000 on BabelCite. This FACC judgment was delivered on 8 January 2001 before Li CJ, Bokhary PJ, Chan PJ, Ribeiro PJ, Silke NPJ.
Criminal law – sentencing – young offenders – training centre order – Summary Offences Ordinance (Cap 228) s.4C(1) – participating in a lion dance in a public place without a permit – maximum sentence: $2,000 fine and 6 months' imprisonment – Training Centres Ordinance (Cap 280) s.4(1) – interpretation – whether training centre order may be imposed for a trivial offence that would not otherwise call for a custodial sentence – competing lines of authority on Borstal/training centre orders in cases of minor offending – whether sentence can be justified on basis it is for offender's 'own good' – statutory requirement to consider 'the circumstances of the offence' alongside character and previous conduct – 'in the interest of the community' condition – 'in lieu of any other sentence' provision – whether training centre orders are limited to being an alternative to imprisonment – Hong Kong Court of Final Appeal approach – settled framework for training centre orders – exceptional cases where trivial offence may justify training centre order – appellant, aged just under 17, from broken home, mother recently deceased, unemployed, pregnant girlfriend, prior convictions, associating with triad members – offence plainly trivial and would normally attract a fine – not an exceptional case – appeal allowed – training centre order set aside – fine of $100 substituted for 4 months already served.
Legal issues: Construction of section 4(1) of the Training Centres Ordinance · Meaning of 'in the interest of the community' under section 4(1) · Effect of 'in lieu of any other sentence' provision
Outcome: Appeal allowed; training centre detention order set aside; fine of $100 substituted
Cited by 28 cases