Hong Kong Case Law: Decisions & Judgments

Topic

Manufacturing of dangerous drugs

Legal area

Court

6 Dec 2024

HKSAR v. AU CHUN WAH

Citation

[2024] HKCA 1136
Court

Court of Appeal
Case number

CACC62/2024

Leave to appeal against sentence was granted because it was reasonably arguable the 14 year global sentence (reflecting a notional starting point of about 21 years) was manifestly excessive or wrong in principle given the small scale of the manufacturing operation, the applicant's peripheral role and the need for caution in imposing consecutive elements where trafficking and manufacturing overlap, thereby justifying appellate scrutiny.
8 Aug 2024

HKSAR v. SUM KA WA

Citation

[2024] HKCA 760
Court

Court of Appeal
Case number

CACC144/2023

Counts 2 and 3 derived from the same episode and must be treated together for sentencing; the manufacturing count (Count 4) is the principal and more serious offence and warranted a higher notional starting point (36 years) which, after a one‑third plea discount, produced 24 years; to avoid double counting the court ordered all sentences to run concurrently producing an overall sentence of 24 years.
4 Jul 2008

HKSAR v. IP YUET HO

Citation

HKSAR v. IP YUET HO
Court

Court of Appeal
Case number

CACC455/2007

On the facts (50.7g cocaine plus paraphernalia indicating an established manufacturing operation), the 13-year starting point adopted by the judge for the manufacturing charge was not manifestly excessive; however the 4-month consecutive sentence for the applicant's 0.31g possession could not be justified as it would not have affected the trafficking sentence and therefore must run concurrently, reducing the total sentence from 9 years to 8 years 8 months.
23 Jan 1996

THE QUEEN v. CHOY CHI TAK

Citation

THE QUEEN v. CHOY CHI TAK
Court

Court of Appeal
Case number

CACC527/1995

The Court reduced the appropriate starting point from 30 years to 24 years, allowed a one‑third reduction for early guilty pleas and awarded additional modest credit for assistance to police, concluding the total sentence should be 15 years; the 20‑year sentence was quashed and substituted with 15 years imprisonment.

Hong Kong Case Law

HKSAR v. AU CHUN WAH

HKSAR v. SUM KA WA

HKSAR v. IP YUET HO

THE QUEEN v. CHOY CHI TAK