4 Feb 2026
HKSAR v. OLIINYK ALLA
- Citation
- [2026] HKCA 192
- Court
- Court of Appeal
- Case number
- CACC276/2021
Section 81C(2) preserves the applicant's statutory right to appeal and permits the Court to entertain an out‑of‑time leave application notwithstanding a prior Secretary for Justice review; the applicant, sentenced after 18 September 2018 and still "in the system", is eligible for assessment under the revised Huang Ruifang (No 3) guidelines, delay is excusable, and the proper arithmetical starting point under the revised guidelines for 1,080g of cocaine is 18 years 3 months which, coupled with the applicant's medical mitigation and role, justifies substituting the original sentence of 22 years…