|
The Offences against the Person Ordinance (Cap.212) 〔http://www.legislation.gov.hk/blis_ind.nsf/CurAllEngDoc?OpenView&Start=205&Count=30&Expand=212.1#212.1〕 and the Homicide Ordinance (Cap.339)〔http://www.hklii.org/hk/legis/en/ord/339/〕 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. ==Murder== The definition of murder is identical to that in England and Wales. The "year and a day" rule has also been abolished.〔Offences against the Person Ordinance (Cap.212) s.33C〕 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''〔() 3 HKC 146〕 as being both insufficient in common law and in contrary to the Basic Law and the Bill of Rights. The five judges, sitting on the Court of Final Appeal, unanimously rejected both argments. 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.〔Offences against the Person Ordinance (Cap.212) s.2〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Murder (Hong Kong)」の詳細全文を読む スポンサード リンク
|