Hong Kong Case Law: Decisions & Judgments

Topic

Quantification of narcotic content

Legal area

Court

1 Nov 2017

HKSAR v. TSANG KA WING

Citation

HKSAR v. TSANG KA WING
Court

Court of Appeal
Case number

CACC97/2016

Court held judge erred in calculation by operating on mixture weight without clearly applying narcotic purity but, on the facts, properly inferred packet weight 13g and adopted the lesser measured purity of c.80% for the conspiracy; recalculated narcotic quantity for Count 3 at 800 grams, fixed a trial starting point of 13 years, allowed an overall discount of 38.5% (accounting for plea and limited assistance), and reduced the aggregate sentence to 8 years imprisonment with sentences to run concurrently as previously ordered.
16 Jan 2014

HKSAR v. CHOI HANG KEI

Citation

HKSAR v. CHOI HANG KEI
Court

Court of Appeal
Case number

CACC270/2013

The judge materially erred by using mixture weights rather than narcotic content; recalculation gives ketamine narcotic content 1,028.84g which supports a 14-year starting point (reduced to 13 years 6 months overall because some ketamine in Count 2 justified mitigation for self-consumption), applying one-third discount yields an overall sentence of 9 years. Appeal allowed; original sentences quashed and substituted accordingly.
15 Apr 2003

HKSAR v. LOK KWOK WAH

Citation

HKSAR v. LOK KWOK WAH
Court

Court of Appeal
Case number

CACC275/2002

The Court held the judge did not err: an offer to supply may be sentenced on the same basis as trafficking; the judge was entitled to extrapolate narcotic content from the sample, the stated price and the surrounding evidence and to find the applicant intended to complete the transaction; given the large assumed quantity and the applicant's extensive trafficking record a 12-year starting point was not manifestly excessive; the appeal against sentence fails though leave is granted to clarify the concurrency and consecutiveness directions.

Hong Kong Case Law

HKSAR v. TSANG KA WING

HKSAR v. CHOI HANG KEI

HKSAR v. LOK KWOK WAH