The Offences against the Person Ordinance (Cap.212) [1] and the Homicide Ordinance (Cap.339)[2] are the main statutes that govern homicide. However, no definition of any type of unlawful homicide is available in the Ordinances. As a result, common law definitions remain largely relevant to Hong Kong.
The "year and a day" rule has also been abolished.[3] Contrary to the position in England and Wales, there is no time limit beyond which the consent of the Secretary of Justice would be required.
The retention of intention to cause grievous bodily harm as a form of "malice aforethought" (the other form being the intention to kill) was challenged in the case HKSAR v Lau Cheong[4] as being both insufficient in common law and in contrary to the Basic Law and the Hong Kong Bill of Rights. The five judges, sitting on the Court of Final Appeal, unanimously rejected both arguments.
Murder carries a mandatory sentence of life imprisonment, except in relation to offenders under the age of 18 at the time of the murder, who are subject to a discretionary sentence.[5]
Attempted murderedit
The Offences against the Person Ordinance prescribes a number of specific types of attempted murder, including by using poison, wounding another (§ 10), by destroying or damaging building (§ 11), setting fire to or casting away ship (§ 12) and attempting to shoot or drown (§ 13), which are all punishable by life imprisonment.
Attempted murder by other means not specified in the statute (§ 14) shall be liable to imprisonment for life.
^Offences against the Person Ordinance (Cap.212) s.2
April 09, 2024
murder, hong, kong, this, section, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, this, section, unsourced, material, challenged, removed, december, 2008, learn, when, remove, this, templ. This section needs additional citations for verification Please help improve this article by adding citations to reliable sources in this section Unsourced material may be challenged and removed December 2008 Learn how and when to remove this template message The Offences against the Person Ordinance Cap 212 1 and the Homicide Ordinance Cap 339 2 are the main statutes that govern homicide However no definition of any type of unlawful homicide is available in the Ordinances As a result common law definitions remain largely relevant to Hong Kong Contents 1 Murder 2 Attempted murder 3 See also 4 ReferencesMurder editThe definition of murder is identical to that in England and Wales The year and a day rule has also been abolished 3 Contrary to the position in England and Wales there is no time limit beyond which the consent of the Secretary of Justice would be required The retention of intention to cause grievous bodily harm as a form of malice aforethought the other form being the intention to kill was challenged in the case HKSAR v Lau Cheong 4 as being both insufficient in common law and in contrary to the Basic Law and the Hong Kong Bill of Rights The five judges sitting on the Court of Final Appeal unanimously rejected both arguments Murder carries a mandatory sentence of life imprisonment except in relation to offenders under the age of 18 at the time of the murder who are subject to a discretionary sentence 5 Attempted murder editThe Offences against the Person Ordinance prescribes a number of specific types of attempted murder including by using poison wounding another 10 by destroying or damaging building 11 setting fire to or casting away ship 12 and attempting to shoot or drown 13 which are all punishable by life imprisonment Attempted murder by other means not specified in the statute 14 shall be liable to imprisonment for life See also editMurder in England and Wales List of murder laws by countryReferences edit Hong Kong e Legislation CAP 339 Homicide Ordinance Offences against the Person Ordinance Cap 212 s 33C 2002 3 HKC 146 Offences against the Person Ordinance Cap 212 s 2 Retrieved from https en wikipedia org w index php title Murder in Hong Kong law amp oldid 1087363614, wikipedia, wiki, book, books, library,
