-15-
45. What remains to be considered is the duration of such an order. In SJ v Hung Ling Kwok[1], Cheung, JA, after referring to a line of authorities, pointed out that, based on the “forward looking and preventive” principle, the period of disqualification must run concurrently with the term of imprisonment and should have actual effect by being longer than the prison sentence. Further, the disqualification period should not anticipate the defendant’s early release for good conduct[2].
46. In the present case, having considered the particular facts and in view of the overall term of 9 years imposed on the Defendant, we are of the view that the appropriate period of disqualification should be one of 10 years and we so order.
| (Esther Toh) Judge of the Court of First Instance |
(Anthea Pang) Judge of the Court of First Instance |
(Wilson Chan) Judge of the Court of First Instance |
Mr Anthony Chau, DDPP (Ag) and Mr Ivan Cheung, SPP of the Department of Justice, for the HKSAR
Mr C S Grossman, S C leading Mr Lau Wai-chung Lawrence, assigned by Director of Legal Aid and Ms Chan Pik-kei (on a pro bono basis), instructed by Bond Ng Solicitors, for the Defendant
