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term as the limit for the purposes of this section where the terms provided differ)."
5. It was submitted that in the case of a conspiracy offence under NSL 22, this Court should follow section 159C sub-section (1)(a) and (4) of the Crimes Ordinance, Cap 200. Such approach would be consistent with the general sentencing principle in Hong Kong and also well-established principle as found in the United Kingdom authorities.
6. In R v Sajid Khan[1] in which the defendant pleaded guilty to a charge of conspiracy to possess with prohibited weapon and ammunition, section 51A of the Firearms Act 1968 in UK provided a minimum of five years' imprisonment for the offence of possession of firearms under section 5. The sentencing judge in that case applied the minimum and on appeal, Dyson LJ stated:
"66. The other principal ground of appeal concerns the judge's approach to the firearms conspiracy charges. Mr Greaney submits that the judge was wrong in principle to proceed as if this were a section 5 case such as to warrant the imposition of a minimum sentence pursuant to section 51A. We accept that submission. This was not a section 5 case. The provision which requires a court to impose a minimum sentence of five years' imprisonment must be strictly construed like all penal provisions.
67. We have been told by Mr Capstick that it was for reasons of evidential difficult that the decision was taken not to charge the appellant with the offence of possession, but to charge him with conspiracy. He submits, and justified a conviction for possession if those facts could be proved.
68. But, in our judgment, the judge was wrong to sentence the appellant as if he were being sentenced for the offence of possession. …"
- ↑ [2007] EWCA Crim 687
