Speaking on the second day of Hong Kong Legal Week 2021 yesterday, Cross said the United Kingdom has established a sentencing commission.

Since sentences meted out for cases in the UK also applied to Hong Kong courts, and its guidelines have the same effect as those issued by the court of appeal here, the SAR does not need to have its own sentencing commission.

He noted that a sentencing commission is particularly valuable in larger jurisdictions "where courts in one part of the country have no idea how sentencing issues are being handled by the courts in another part."

"Hong Kong is, of course, a tiny jurisdiction, and there is regular liaison between the courts, with the Judicial Institute also keeping judicial officers abreast of sentencing developments," Cross said.

"A sentencing council would add nothing of value, and might even usurp the function of the independent judiciary."

Cross also said people calling for a sentencing commission are usually from those who are unhappy with particular decisions and believe the courts would lose their discretion and be obliged to impose higher sentences if there is a sentencing commission.

"This, however, is a misconception," Cross said.

He also said those who "condemn the judiciary the loudest" actually know little about the case or rely only on media coverage of the case which can be "superficial."