Determining an Indeterminate Sentence

Abstract

This article compares the administration of indeterminate sentences in Hong Kong with developing practices in the United Kingdom and critiques the Hong Kong decisions in the light of recent rulings of the European Court of Human Rights. The author explains that while the Hong Kong courts have ruled on some aspects of the constitutional validity of an indeterminate sentence, the ultimate question of the Chief Executive's power to detain prisoners after a recommendation of the Long Term Prison Sentences Review Board to substitute a determinate sentence for an indeterminate one has yet to be addressed. The author concludes that should the Chief Executive's right to effectively determine the release date of life-sentenced prisoners be challenged, it would likely be judged invalid for inconsistency with the Bill of Rights and the Basic Law.