Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Cross-border importation

  • 7 Mar 2022

    HKSAR v. FONG YAU HEUNG

    Citation
    [2022] HKCA 258
    Court
    Court of Appeal
    Case number
    CACC173/2020

    Importation of dangerous drugs can constitute an international element aggravating trafficking where the importation is a feature of the offence as proven; that aggravation is fact‑sensitive, must reflect the defendant's role and culpability and be proportionate to quantity and circumstances, and personal consumption is a mitigating factor that can reduce the enhancement. Applying those principles, a 3‑month enhancement (not 6 months) was appropriate for the net quantity in this case and the sentence was adjusted accordingly.

  • 9 May 2013

    HKSAR v. CHU KWOK CHU

    Citation
    HKSAR v. CHU KWOK CHU<br>
    Court
    Court of Appeal
    Case number
    CACC371/2012

    The Court held the sentencing judge acted within his discretion in enhancing the starting point to 10 years on account of prior convictions and cross-border importation and in applying only the usual one-third guilty plea discount; the sentence of 6 years and 8 months was not manifestly excessive and the application for leave to appeal was dismissed.