Hong Kong Case Law: Decisions & Judgments

Topic

Double-counting

Legal area

Court

8 Apr 2026

HKSAR v. LAU SIU FUNG

Citation

[2026] HKCA 592
Court

Court of Appeal
Case number

CACC206/2024

The correct sentencing approach is to assess the manufacturing (or conspiracy to manufacture) count first as the anchor to avoid double-counting quantities when dealing with accompanying trafficking counts; trafficking sentences that merely reflect the manufacturing process should ordinarily run concurrent, but a limited consecutive element is justified where the defendant also acted as a retailer or trafficked different drugs. Applying that approach and the applicable guidelines, both appeals were allowed in part and the overall sentences were reduced (Au to 11 years; Lau to 11 years 11 mont…
21 Sept 2016

HKSAR v. KAN TAK MAN

Citation

HKSAR v. KAN TAK MAN
Court

Court of Appeal
Case number

CACC122/2016

Leave to appeal was refused because there were no reasonably arguable grounds: the judge's starting point and uplifts for planning, switching plates, driving without licence/insurance and for an appalling record were within principled sentencing bounds; making sentences concurrent avoided double‑counting; the plea discount was properly applied.
2 Feb 2016

HKSAR v. LO KAM FAI

Citation

HKSAR v. LO KAM FAI
Court

Court of Appeal
Case number

CACC374/2014

Majority held the judge acted within sentencing discretion: the appellant's prolonged absconding rendered his guilty plea untimely so a reduced discount (about 22%) was appropriate and the separate 4-month sentence for failing to surrender could properly be ordered consecutive; the aggregate sentence (32 months and HK$2,000 compensation) was not manifestly excessive and the appeal was dismissed.

Hong Kong Case Law

HKSAR v. LAU SIU FUNG

HKSAR v. KAN TAK MAN

HKSAR v. LO KAM FAI