Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sentencing for drug trafficking

Legal area

Court

26 Feb 1997

THE QUEEN v. TAM YI-YUEN

Citation

THE QUEEN v. TAM YI-YUEN
Court

Court of Appeal
Case number

CACC640/1996

Leave to appeal out of time was refused because the applicant's reasons for delay (consulting relatives abroad) did not constitute a very good reason, and because the sentence (6 years for two counts of heroin trafficking) was within the proper sentencing range with appropriate credit for the guilty plea, so any appeal would have no reasonable prospect of success.
26 Jan 1984

THE QUEEN v. CHOI YIU KWAI AND ANOTHER

Citation

THE QUEEN v. CHOI YIU KWAI AND ANOTHER
Court

Court of Appeal
Case number

CACC465/1983

Section 39 of the Dangerous Drugs Ordinance makes the special evidential rules (including ss.46 and 47) applicable to conspiracy; the presumptions of possession and knowledge arising under ss.46 and 47 therefore applied to the defendants' custody and control of the sacks at No.30 and, unrebutted and combined with other evidence, were sufficient to support convictions for conspiracy to traffic; the trial judge's directions were adequate and the sentences were appropriate (with a technical variation revoking the fine for D.1).