Chinese Personality Assessment Inventory

Cheung, Fanny M.

doi:10.1007/978-3-319-24612-3_17

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But When Does the Clock Begin To Run?1

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2022

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“…87 of the [BL] should be any different from that under art. 11(2)(c) of the [HKBOR]", 156 this brief comparison may nevertheless capture one of the oft-overlooked subtle differences. A brief detour to another provisionart.…”

Section: But When Does the Clock Begin To Run?mentioning

confidence: 99%

Delay in Prosecution as a Mitigating Factor in Hong Kong: Towards Doctrinal Coherence

Wan

2022

The Journal of Criminal Law

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Unreasonable delay in prosecution is widely recognised as a mitigating factor in sentencing. Nevertheless, to date there is only scattered judicial discussion and academic literature on its doctrinal bases in Hong Kong. This article undertakes the task of exploring whether sentencing courts in Hong Kong have crystallised a coherent doctrinal basis or rationale underlying this mitigating factor. A thorough review of the case law reveals four different doctrinal bases, namely fairness, rehabilitation, public interest, and delay per se . These bases, however, rest on shaky doctrinal foundations and cannot withstand analytical scrutiny. Recognising this undesirable state of the law, this article ventures into proposing an alternative doctrinal basis for this mitigating factor, rooted in the constitutional right to be tried without undue delay enshrined in art. 87(2) of the Hong Kong Basic Law and art. 11(2)(c) of the Hong Kong Bill of Rights. This new basis, we contend, will offer the much-needed coherence to the law.

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Section: But When Does the Clock Begin To Run?mentioning

confidence: 99%

Delay in Prosecution as a Mitigating Factor in Hong Kong: Towards Doctrinal Coherence

Wan

2022

The Journal of Criminal Law

View full text Add to dashboard Cite

show abstract

Chinese Personality Assessment Inventory

Cited by 1 publication

References 7 publications

Delay in Prosecution as a Mitigating Factor in Hong Kong: Towards Doctrinal Coherence

Delay in Prosecution as a Mitigating Factor in Hong Kong: Towards Doctrinal Coherence

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