Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Dangerous drugs ordinance s54a

Legal area

Court

27 Jul 2010

HKSAR v. HO KA KEI

Citation

HKSAR v. HO KA KEI
Court

Court of Appeal
Case number

CACC378/2009

The court allowed the appeal, substituted the trafficking conviction with a conviction for possession under s8 of the Dangerous Drugs Ordinance, accepted the s54A report that the appellant was not drug dependent and unsuitable for admission to a treatment centre, adopted a 24-month starting point (18 months for 20.42 grams ketamine plus 6 months for latent risk), applied credit for the guilty plea and imposed a final term of 16 months imprisonment, setting aside the earlier 4 years 2 months term.
22 Mar 2002

HKSAR v. NG HUNG CHI

Citation

HKSAR v. NG HUNG CHI
Court

Court of Appeal
Case number

CACC186/2000

The Court set aside the trafficking conviction and substituted a conviction of possession. Having obtained the s54A report, the Court sentenced on the basis that this was possession by storage of a very large quantity under the appellant's exclusive control; the appropriate sentence is a starting point of three years for possession plus a further three years for the substantial latent risk of trafficking, producing a substituted sentence of six years' imprisonment.