Hong Kong News
Nonpartisan, Noncommercial, unconstrained.
Saturday, Feb 22, 2025
Real, Diverse, Unbiased.
Sentencing commission not for Hong Kong
Hong Kong does not need to establish a sentencing commission, said former director of public prosecutions Grenville Cross.
Speaking on the second day of Hong Kong Legal Week on Tuesday, Cross said the United Kingdom has established a sentencing commission.
Since the sentences of cases in the UK also applied to courts in Hong Kong, the SAR does not need to have its own sentencing commission.
Although there is a sentencing commission in the UK, the guideline issued by the commission has the same effect as those issued by the Court of Appeal in Hong Kong, Cross said.
“In both places, research is conducted before guidelines are issued, and, once they are in place, they are normally followed, although judges can depart from them for good reason,” he said.
He also said 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.”
“In comparison to England and Wales, 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.
“There is already in place adequate machinery to monitor, and, where necessary, correct sentences passed by trial judges.
A Sentencing Council would add nothing of value, and might even usurp the function of the independent judiciary,” he said.
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, as that is not how such bodies work,” Cross said.
Cross also said those who “condemn the judiciary the loudest” actually know very little about the case or rely only on media coverage of the case which can be “superficial.”
“The courts, at all levels, should always try to provide reasons for sentencing decisions which, if not lengthy, are clear and particularized, and this can help to guide public opinion,” he said.
Since the sentences of cases in the UK also applied to courts in Hong Kong, the SAR does not need to have its own sentencing commission.
Although there is a sentencing commission in the UK, the guideline issued by the commission has the same effect as those issued by the Court of Appeal in Hong Kong, Cross said.
“In both places, research is conducted before guidelines are issued, and, once they are in place, they are normally followed, although judges can depart from them for good reason,” he said.
He also said 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.”
“In comparison to England and Wales, 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.
“There is already in place adequate machinery to monitor, and, where necessary, correct sentences passed by trial judges.
A Sentencing Council would add nothing of value, and might even usurp the function of the independent judiciary,” he said.
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, as that is not how such bodies work,” Cross said.
Cross also said those who “condemn the judiciary the loudest” actually know very little about the case or rely only on media coverage of the case which can be “superficial.”
“The courts, at all levels, should always try to provide reasons for sentencing decisions which, if not lengthy, are clear and particularized, and this can help to guide public opinion,” he said.
