Tong Yu Lam v. The Long-term Prison Sentences Review Board and Another

FAMV No. 27 of 2008

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 27 OF 2008 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 203 OF 2006)

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Between:

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DETERMINATION

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Chief Justice Li:

1.In Lau Cheong v HKSAR (2002) 5 HKCFAR 415, the Court upheld the constitutional validity of mandatory life sentences imposed on adults convicted of murder on the grounds stated in that judgment.  As was correctly decided at first instance (Hartmann and Chung JJ) and in the Court of Appeal (Ma CJHC, Stock JA and Suffiad J) below, the sentence which was upheld is the sentence as traditionally imposed, that is, an indefinite sentence of imprisonment for life subject to regular statutory reviews by the Long-term Prison Sentences Review Board and to possible release by executive decision.  There is no scope for now contending that such a mandatory life sentence can only be valid if a minimum term is fixed by a judge as the punitive part of the sentence. 

2.Nor is Mr Harris SC’s fallback argument that the Board should set a minimum term or give a broad indication of it viable.

3.The application for leave to appeal must therefore be dismissed.

Mr Paul Harris SC (instructed by Messrs Brian Kong & Co and assigned by the Legal Aid Department) for the applicant

Mr Russell Coleman SC (instructed by Messrs Simmons & Simmons) for the respondents