Hong Kong Case Law: Decisions & Judgments

Topic

Managing a divan

Legal area

Court

12 Jul 2006

HKSAR v. CHONG CHO-KIT

Citation

HKSAR v. CHONG CHO-KIT
Court

Court of Appeal
Case number

CACC363/2005

Leave to appeal against sentence dismissed because the sentencing judge properly applied established starting points and sentencing principles, gave appropriate credit for guilty pleas, correctly treated the offences as distinct, validly increased weight for persistent re-offending and for offending while on bail, and applied the totality principle so that the overall six-year sentence was not manifestly excessive.
6 Oct 2005

HKSAR v. IP MING

Citation

HKSAR v. IP MING
Court

Court of First Instance
Case number

HCMA835/2005

The 16‑month custodial sentence is appropriate and not manifestly excessive given the substantial heroin quantity (14.06 g), operation of a non‑small divan, presence of 15 persons, the appellant's 13 prior convictions including drug offences and his absconding while on bail; the appeal is without merit and is dismissed.
21 Sept 2005

HKSAR v. AU KWOK CHAI

Citation

HKSAR v. AU KWOK CHAI
Court

Court of Appeal
Case number

CACC255/2005

The Court held that the sentencing judge did not err in principle: combining quantities was not necessary because the overall sentence was appropriate; the 24 month starting point for the divan offence was within acceptable range given the applicant's significant and recent prior convictions; the judge properly considered totality and ordered limited concurrency; therefore the effective total sentence of 40 months is not excessive and the application for leave to appeal is dismissed.

Hong Kong Case Law

HKSAR v. CHONG CHO-KIT

HKSAR v. IP MING

HKSAR v. AU KWOK CHAI