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Hong Kong Case Law

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Criminal law [2025] HKCA 733

HKSAR v. CHOI TSZ FUNG

Leave to appeal against sentence was granted in a ketamine trafficking case. The court said the existing ketamine guidelines may warrant reconsideration.

  • Trafficking in dangerous drugs
  • Ketamine sentencing guidelines
  • Sentence starting point
  • Plea discount
  • Sentencing while on bail
  • Drug-trafficking
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Criminal law [2024] HKCA 1191

HKSAR v. CHEUNG KA ON

Hong Kong Court of Appeal decision on leave to appeal against sentence for theft, attempted theft and road traffic offences, with concerns about double counting in sentencing.

  • Sentence starting point
  • Totality principle
  • Disqualification order
  • Guilty plea discount
  • Enhancement for previous convictions
  • Double counting of aggravating factors
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Criminal law [2022] HKCA 922

HKSAR v. RAHMAN MD MOTALEB

The Court of Appeal granted leave to appeal and an appeal aid certificate in a sentence appeal over drug trafficking, raising arguable issues about starting point and Form 8 enhancement.

  • Trafficking in dangerous drugs
  • Sentence starting point
  • Form 8 recognizance enhancement
  • Individual vs combined approach
  • Plea discount
  • Drug-trafficking
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Criminal law [2022] HKCA 716

HKSAR v. SAHIL KUMAR AND ANOTHER

The Court of Appeal granted leave to appeal in a criminal sentence matter, finding it reasonably arguable that the sentencing starting points and notional sentences were excessive or wrong in principle.

  • Leave to appeal
  • Sentence starting point
  • Manifestly excessive sentence
  • Notional sentence
  • Sentence enhancement
  • Criminal-sentencing
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Criminal law [2022] HKCA 381

HKSAR v. CHOY WING SING

Leave to appeal against a 44-month drug-trafficking sentence was refused. The Court of Appeal held the 66-month starting point and one-third guilty-plea discount were within the proper range.

  • Trafficking in dangerous drug
  • Sentence starting point
  • Guilty plea reduction
  • Combined approach for multiple drugs
  • Drug-trafficking
  • Sentencing
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Criminal law [2021] HKCFI 3417

香港特別行政區 訴 黃漢秋

The appeal was dismissed because the sentencing judge lawfully set a 15-month starting point for a habitual offender who reoffended soon after release, applied a legitimate 25% uplift for recidivism, and correctly reduced the sentence by one-third for an early guilty plea, resulting in an affirmed sentence of 10 months' imprisonment.

  • Vehicle theft
  • Recidivism
  • Sentence starting point
  • Plea discount
  • Public protection
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Criminal law [2020] HKCA 170

HKSAR v. CHAN CHI-YEUNG

The Court of Appeal refused leave on a 9-year drug-traficking starting point, but granted Ma leave to challenge the reduction of his guilty-plea discount to 25%.

  • Trafficking in dangerous drugs
  • Plea discount
  • Combined approach
  • Sentence starting point
  • Leave to appeal
  • Drug-trafficking-sentencing
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Criminal law [2018] HKCFI 1295

HKSAR v. THAPA BINAYA

Appeal dismissed against conviction and sentence for grievous bodily harm. The court upheld the magistrate’s finding that the appellant was not acting in self-defence.

  • Self-defence
  • Grievous bodily harm
  • Burden and standard of proof
  • Credibility assessment
  • Sentence starting point
  • Grievous-bodily-harm
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Criminal law [2018] HKCFI 465

香港特別行政區 訴 何善恆

The Court held the sentence was not manifestly excessive: an 18‑month starting point for laundering about HK$1,000,000 over six months was appropriate; a one‑third reduction for plea was correctly applied; an additional two‑month reduction for delay/totality was reasonable; therefore the resulting sentence of 10 months imprisonment was affirmed and the appeal dismissed.

  • Money laundering
  • Sentence starting point
  • Plea discount
  • Delay in prosecution
  • Totality principle
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Criminal law [2018] HKCA 61

HKSAR v. MUDASSAR MUHAMMAD

The Court of Appeal refused leave to appeal against a drug-trafficking sentence, holding the applicant had shown no arguable case that it was wrong in principle or manifestly excessive.

  • Trafficking
  • Sentence starting point
  • Form 8 recognizance
  • Leave to appeal
  • Criminal-sentencing
  • Drug-trafficking
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.