Revisiting The Cliche of Community Service Order in Hong Kong: Non-Custodial Sentence in The Turmoil

Abstract

Community service order (“CSO”) has been introduced to Hong Kong for over 30 years. It has become one of the popular non-custodial sentences often imposed by the courts. Hong Kong judges almost always refer to the R v Brown case in considering granting CSO, and often the presence of remorse is a crucial factor. Recent cases in relation to the 2019 Hong Kong Protest however demonstrate the courts’ reluctance in granting CSO. This article argues that the straitjacket application of the system and the law of CSO in Hong Kong has derailed from the original intention of the introduction of this sentencing option. The application of the letter but not the spirit of the law calls for reflection and reform of the practice of CSO in this jurisdiction.