Hong Kong Case Law: Decisions & Judgments

Topic

Cocaine

Legal area

Court

19 Jan 2024

HKSAR v. CHAN HO KWAI

Citation

[2024] HKCA 86
Court

Court of Appeal
Case number

CACC210/2021

The admitted statements and video-recorded interview together with the evidence at trial were sufficient for a jury to convict on the knowledge element; the procedural complaints (non-calling of PW2, absence of a lies direction, presence of PW3, and the adjournment) caused no demonstrable prejudice and did not render the conviction unsafe, therefore the appeal against conviction is dismissed.
14 May 2020

HKSAR v. PRAMESTI SABRINA WILIS WIDURI

Citation

[2020] HKCA 313
Court

Court of Appeal
Case number

CACC257/2019

Leave to appeal refused because the sentencing judge correctly applied established authorities in fixing the starting point and enhancement, gave a generous 41% discount for plea and cooperation, and no error of law or discretion was shown that would justify appellate intervention.
10 Apr 2019

HKSAR v. LO LAP KAN

Citation

[2019] HKCA 415
Court

Court of Appeal
Case number

CACC44/2017

Applicant not entitled to credit for assistance because his information was unavailing and there was no culpable police inaction; the judge's adoption of a 20 years 3 months starting point for the aggregate ketamine quantity and reduction to a total of 13.5 years after plea and totality adjustments was appropriate; leave to appeal out of time refused and appeal dismissed.
19 Jan 2018

HKSAR v. HOSSAIN ABIR

Citation

[2018] HKCFI 75
Court

Court of First Instance
Case number

HCMA553/2017

The appellate court upheld the magistrate's sentencing conclusion: the sentence was not excessive on the facts (concerted sale of 0.29g cocaine, possession of marked money and proceeds), and activation of the suspended seven-day sentence to run consecutively was justified; the appeal was dismissed.
11 Aug 2010

HKSAR v. FARIAS FERNANDEZ NORMAN MARTIN

Citation

HKSAR v. FARIAS FERNANDEZ NORMAN MARTIN
Court

Court of Appeal
Case number

CACC368/2009

The Court dismissed both applications: for Farias (offence before Abdallah) the starting point of 23 years with a 2-year enhancement and one‑third plea discount fell within recognized pre- and post-Abdallah benchmarks for 1.634 kg with an international element; for Arrua (offence within Abdallah regime) Beeson J correctly applied the Abdallah tariff and 2-year enhancement for international element and the resulting sentence after plea discount was appropriate. Personal circumstances of foreign defendants carry little weight in serious drug trafficking cases.
30 Oct 2009

HKSAR v. LAU WAI PING

Citation

HKSAR v. LAU WAI PING
Court

Court of Appeal
Case number

CACC303/2008

The jury was entitled to accept the prosecution evidence and reject the applicant's account; the conviction is neither unsafe nor unsatisfactory. The 10-year sentence falls within the proper tariff applied by analogy to cocaine trafficking, and the applicant's advanced age did not justify a lesser sentence given his prior convictions.
11 Jul 2003

HKSAR v. SIU WAI KAM

Citation

HKSAR v. SIU WAI KAM
Court

Court of Appeal
Case number

CACC629/2002

The Recorder's aggregate sentence was manifestly excessive; the Court set starting points of 15 years for each charge (ketamine and associated drugs), applied plea discounts to substitute sentences of 10 years on each charge, ordered one year of the sentence on charge 2 to run consecutively to charge 1 with the remainder concurrent, resulting in a total effective sentence of 11 years imprisonment; limited cooperation by the applicant merited only modest additional reduction.

Hong Kong Case Law

HKSAR v. CHAN HO KWAI

HKSAR v. PRAMESTI SABRINA WILIS WIDURI

HKSAR v. LO LAP KAN

HKSAR v. HOSSAIN ABIR

HKSAR v. FARIAS FERNANDEZ NORMAN MARTIN

HKSAR v. LAU WAI PING

HKSAR v. SIU WAI KAM