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Hong Kong Case Law

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Criminal law [2024] HKCA 996

HKSAR v. MICHALAKOPOULOS THEODOROS

The Court of Appeal upheld the trafficking conviction but reduced sentence to 22 years, finding no need for a lies direction and giving credit for cooperation and mitigation.

  • Trafficking
  • Controlled delivery
  • Lies direction
  • Circumstantial evidence
  • Lurking doubt
  • Mitigation for cooperation
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Criminal law [2020] HKCA 37

HKSAR v. CARVALLO MONZON JOHN WINSTON

The Court of Appeal refused leave to appeal out of time against conviction and sentence for drug trafficking, finding the delay unexplained and the appeal without merit.

  • Trafficking
  • Guilty plea
  • Delay/extension of time
  • Sentence discount for plea
  • Self-consumption defence
  • Abuse of process
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Criminal law [2019] HKCA 1432

HKSAR v. WONG YU WING

The Hong Kong Court of Appeal allowed a drug-trafficking appeal because the jury direction on inferences was unbalanced, set aside the conviction, and ordered a retrial.

  • Trafficking in dangerous drugs
  • Possession of dangerous drugs
  • Inferential reasoning in jury directions
  • Summing-up/unbalanced summing-up
  • Retrial
  • Drug-trafficking
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Criminal law [2019] HKCFI 964

HKSAR v. CAMARA IDRISSA

The High Court dismissed a magistracy appeal against conviction for trafficking in cocaine, finding the Magistrate’s credibility findings and inference of joint involvement were sound.

  • Trafficking
  • Burden and standard of proof
  • Inference of joint enterprise
  • Credibility findings
  • Evidence (fingerprints, photographic identification)
  • Drug-trafficking
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Criminal law [2018] HKCA 254

HKSAR v. WONG WAI WAH

The Court of Appeal granted leave to appeal against sentence after a possible factual error affected the assessment of latent risk in a drug possession case.

  • Possession of dangerous drug
  • Trafficking
  • Latent risk (risk of dissemination)
  • Sentence enhancement
  • Guilty plea discount
  • Appeal procedure
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Criminal law HKSAR v. SIDDIQUE SHAHID

HKSAR v. SIDDIQUE SHAHID

Court of Appeal dismissed an application for leave to appeal against sentence for dangerous drug possession and trafficking, finding no basis for further discount or sentence reduction.

  • Possession of dangerous drugs
  • Trafficking in dangerous drugs
  • Sentencing starting point
  • Plea discount
  • Disparity of sentences
  • Combined approach to sentencing
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Criminal law HKSAR v. CHAN KING HEI

HKSAR v. CHAN KING HEI

Court of Appeal refused leave to appeal against conviction for trafficking in ketamine, holding the trial judge rightly accepted the prosecution evidence and rejected the applicant’s account.

  • Trafficking
  • Possession
  • Leave to appeal
  • Video recorded interviews
  • Admissibility
  • Credibility findings
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Criminal law HKSAR v. CHUNG LAM

HKSAR v. CHUNG LAM

Sentence appeal for possession of 0.01 gramme of midazolam taken into prison. The High Court held prison possession was an aggravating factor and reduced the sentence to 10 months.

  • Possession of a dangerous drug
  • Smuggling/taking drugs into prison
  • Sentencing principles and plea mitigation
  • Datc suitability
  • Sentencing
  • Dangerous-drugs
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Criminal law HKSAR v. KEUNG KA LUN

HKSAR v. KEUNG KA LUN

The Court of Appeal dismissed leave to appeal against a trafficking conviction, holding the trial judge was entitled to reject the applicant’s evidence and infer trafficking from the circumstances.

  • Trafficking
  • Possession
  • Circumstantial evidence
  • Witness credibility
  • Leave to appeal
  • Drug-trafficking
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Criminal law HKSAR v. TSANG WAI KEI

HKSAR v. TSANG WAI KEI

The Court of Appeal dismissed leave to appeal against sentence for trafficking ketamine, holding the applicant’s medical condition did not justify further mitigation.

  • Drug trafficking
  • Sentencing guidelines
  • Mitigation for medical condition
  • Guilty plea reduction
  • Tariff for drug quantities
  • Drug-trafficking
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.