Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Possession of dangerous drugs for trafficking

  • 23 Jun 1995

    R. v. CHIU PAK WING

    Citation
    R. v. CHIU PAK WING
    Court
    Court of Appeal
    Case number
    CACC422/1992

    The applicant was properly classified as a 'true supergrass' because he had given substantial, repeated and effective assistance in multiple prosecutions and to foreign authorities; that special status and associated risks justified exercise of the court's discretion to vary the sentence from 25 years to 10 years imprisonment, while recognizing that promised future cooperation is a matter for executive assessment.

    • Possession of dangerous drugs for trafficking
    • Supergrass/informer mitigation
    • Sentence reduction
    • Protected custody
    • Assistance to foreign authorities

  • 1 Feb 1994

    LEUNG KIT CHUN v. R.

    Citation
    LEUNG KIT CHUN v. R.
    Court
    Court of Appeal
    Case number
    CACC291/1993

    The judge's direction that the accused's evidence should be scrutinised because she had every motive to lie (solely by reason of being the accused) deprived the accused of the presumption of innocence and resulted in an unfair trial; accordingly the conviction was unsafe and must be quashed with a retrial ordered.

    • Possession of dangerous drugs for trafficking
    • Presumption of innocence
    • Credibility of accused as witness
    • Broadhurst direction
    • Retrial

  • 16 Nov 1990

    THE QUEEN v. CHENG WING YUEN

    Citation
    THE QUEEN v. CHENG WING YUEN
    Court
    Court of Appeal
    Case number
    CACC271/1990

    The Court allowed the appeal because, although the trial judge's starting point was not entirely inappropriate, the net 7 year sentence gave insufficient recognition to the applicant's guilty plea under the sentencing policy in R v Kwok Chi Kwan; accordingly the 7 year sentence on the trafficking charge was set aside and substituted with 6 years imprisonment.

    • Possession of dangerous drugs for trafficking
    • Possession of drug paraphernalia
    • Possession of part i poison (diazepam)
    • Sentencing guidelines
    • Mitigation for guilty plea

  • 23 Nov 1988

    THE QUEEN v. YIP KIT KWAN

    Citation
    THE QUEEN v. YIP KIT KWAN
    Court
    Court of Appeal
    Case number
    CACC412/1988

    The applicant's complaint was without merit because the trial judge's sentencing approach was reasonable and properly took into account quantity, guilty pleas and extensive prior convictions; any apparent advantage the applicant obtained from statutory limits (s.82) does not render the appeal sustainable, therefore the application for leave to appeal against sentence is dismissed and both sentences are ordered to commence immediately.

    • Possession of dangerous drugs for trafficking
    • Sentencing limits of district court (s.82)
    • Concurrent and consecutive sentences
    • Totality principle

  • 11 Aug 1988

    THE QUEEN v. TSO MAN KIN

    Citation
    THE QUEEN v. TSO MAN KIN
    Court
    Court of Appeal
    Case number
    CACC221/1988

    The Court held that the trial judge was entitled to accept the police evidence and reject the applicant's account; the identified discrepancies did not render the conviction unsafe and there was no demonstrated bias, accordingly leave to appeal against conviction was dismissed.

    • Possession of dangerous drugs for trafficking
    • Credibility of witnesses
    • Judicial bias
    • Chain of custody
    • Safety of conviction

  • 7 Aug 1987

    THE QUEEN v. TANG YUK CHUN

    Citation
    THE QUEEN v. TANG YUK CHUN
    Court
    Court of Appeal
    Case number
    CACC88/1987

    Leave to appeal out of time was refused for lack of adequate explanation for the delay; the sentence of seven years was upheld because the trial judge properly applied sentencing guidelines, reasonably assessed nine years as appropriate and reduced to seven given lesser involvement, and there was no justification for appellate interference.

    • Possession of dangerous drugs for trafficking
    • Leave to appeal out of time
    • Sentencing guidelines and mitigation
    • Credit for guilty plea

  • 14 Apr 1987

    THE QUEEN v. YIM TAK SHING

    Citation
    THE QUEEN v. YIM TAK SHING
    Court
    Court of Appeal
    Case number
    CACC578/1986

    The Court upheld the 1st Applicant's sentence as appropriate given his record and role, and reduced the 2nd Applicant's sentence to 18 months' imprisonment on the first charge because her youth, recent childbirth, clear record and only a secondary role in the drug operation warranted a greater disparity and merciful reduction.

    • Possession of dangerous drugs for trafficking
    • Possession of drug paraphernalia
    • Sentencing disparity
    • Mitigation: pregnancy and childcare
    • Leave to appeal

  • 27 Mar 1987

    THE QUEEN v. LEE YIU WAI AND ANOTHER

    Citation
    THE QUEEN v. LEE YIU WAI AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC614/1987

    For the first applicant the established starting point for the quantity involved was 8 years; after allowing appropriate credit for guilty plea and assistance the 6 year custodial sentence was not excessive and the appeal was refused. For the second applicant, who was just over 16 and had been in custody for four months, the Court exercised its power to substitute detention in a Training Centre for the 6 year sentence, as custody should be a last resort for youthful offenders and withdrawal from addiction was likely to have occurred during remand.

    • Possession of dangerous drugs for trafficking
    • Sentencing principles
    • Youth sentencing
    • Training centre detention
    • Guilty plea credit
    • Drug addiction treatment

  • 18 Jul 1986

    THE QUEEN v. LEUNG KWONG CHUEN

    Citation
    THE QUEEN v. LEUNG KWONG CHUEN
    Court
    Court of Appeal
    Case number
    CACC130/1986

    The Court refused to interfere with the six‑year sentence because the trial judge had already extended leniency as far as appropriate given the large quantities of heroin involved; the appellant's age and clear record did not justify further reduction, and no sufficient precedent or material existed to warrant disturbing the sentence.

    • Possession of dangerous drugs for trafficking
    • Sentence severity
    • Mitigation
    • Precedent application

  • 30 Nov 1982

    LI KANG-MING v. THE QUEEN

    Citation
    LI KANG-MING v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC270/1982

    Given the small quantity of dangerous drug (12.33 grammes) and the Chan Chi Ming tariff for 'very small' quantities, the three year sentence for the drug count was excessive; taking into account the attempted bribe, a consecutive one year sentence was sufficient; the totality principle required reduction of the aggregate sentence and the $2,000 fine was improperly imposed and should be set aside. The application for leave out of time was allowed and treated as the hearing of the appeal.

    • Possession of dangerous drugs for trafficking
    • Sentencing tariff for small quantities of drugs
    • Consecutive sentences and totality principle
    • Imposition of fines in addition to imprisonment
    • Leave to appeal out of time