Hong Kong Case Law

香港特別行政區 訴 雷暢賜

Court

Court of First Instance

Case number

HCMA409/2025

Having reheard the case on the evidence, the High Court concluded the magistrate's starting point of 7.5 weeks custody was appropriate for 0.58g of cocaine and that the magistrate acted leniently by granting a one-third plea discount (more than the usual one-fifth for a plea on the first day). The sentence of 5 weeks immediate custody was therefore not manifestly excessive and was upheld.

Source excerpt

• Possession of dangerous drug
• Sentencing principles
• Plea discount
• Rehearing on appeal

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HKSAR v. WONG WANG HING

Court

Court of Appeal

Case number

CACC57/2022

The Court of Appeal refused leave to appeal against a 94-month sentence for trafficking in a cocktail of dangerous drugs, finding no arguable sentencing error.

• Trafficking in dangerous drugs
• Sentencing principles
• Recidivism
• Combined approach for multi-drug consignments
• Drug-trafficking
• Sentencing

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HKSAR v. LAU KA FAI COFFEE

Court

Court of Appeal

Case number

CACC3/2022

Court of Appeal refused leave to appeal against a 42-month drug-sentencing total for keeping a divan and trafficking, finding no arguable error in the starting point, consecutive term, or totality.

• Trafficking
• Keeping a divan
• Totality principle
• Guilty plea reduction
• Consecutive sentences
• Starting point for sentence

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HKSAR v. LEUNG CHUEN TAT

Court

Court of First Instance

Case number

HCMA175/2022

The High Court dismissed a sentence appeal in a divan case, holding that a 20-month custodial sentence was not manifestly excessive.

• Keeping a divan
• Possession and supply of dangerous drugs
• Plea discount
• Appeal against sentence
• Criminal-sentencing
• Dangerous-drugs

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HKSAR v. A

Court

Court of Appeal

The Court of Appeal dismissed an appeal against a 14-year drug-trafficking sentence, holding that verified paid informer assistance did not justify further reduction.

• Drug trafficking
• Pre-arrest assistance
• Paid informers
• Mitigation
• Starting point/tariff
• Role of informers

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HKSAR v. WONG KEAT JEANG

Court

Court of Appeal

Case number

CACC80/2020

The Court of Appeal dismissed a sentence appeal in a drug trafficking case, holding the judge was entitled to refuse any further discount for the appellant's assisted controlled delivery.

• Trafficking
• Controlled delivery
• Assistance to authorities
• Discount for cooperation
• Newton hearing
• Sentence starting point and enhancement

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HKSAR v. NG YU TIN

Court

Court of Appeal

Case number

CACC136/2020

Leave to appeal against a drug-trafficking and divan sentence was refused. The Court of Appeal held the sentence was not manifestly excessive or wrong in principle.

• Trafficking
• Keeping a divan
• Guilty plea discount
• Newton inquiry
• Totality principle
• Consecutive sentences

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HKSAR v. KO WAI KIT AND ANOTHER

Court

Court of First Instance

Case number

HCCC252/2019

The court ruled on admissibility of a 2nd accused’s statement, WhatsApp screenshots, and severance. It admitted the statement and messages, but refused separate trials.

• Admissibility of statements
• Caution and right to silence
• Hearsay and computer‑generated evidence
• Judicial notice of communications technology
• Whatsapp message reliability
• Severance of counts

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HKSAR v. MA HOI YAN

Court

Court of Appeal

Case number

CACC62/2020

Leave to appeal against a 54-month drug trafficking sentence was refused. The court held the starting point and self-consumption discount were not wrong in principle.

• Trafficking in a dangerous drug
• Self-consumption discount
• Leave to appeal against sentence
• Drug-trafficking-sentencing
• Self-consumption-discount
• Leave-to-appeal-against-sentence

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HKSAR v. KO WAI SHING

Court

Court of Appeal

Case number

CACC7/2020

Leave to appeal was refused on Charge 1, but granted on Charges 2 and 3 and on sentence. The court found an arguable issue on joint possession and GBL sentencing.

• Trafficking
• Importation
• Possession
• Joint possession
• Possession of drug paraphernalia
• Sentencing guidelines

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