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Hong Kong Case Law

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Dangerous drugs [2021] HKCA 876

HKSAR v. FONG YAU HEUNG

Court of Appeal leave application in a drug-trafficking sentence appeal. Leave was refused on most grounds, but granted on whether the cross-border enhancement double-counted importing.

  • Trafficking
  • Failure to surrender to custody
  • Guilty plea discount
  • Self-consumption mitigation
  • Voluntary surrender
  • International element enhancement
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Criminal law [2020] HKCA 1013

HKSAR v. COZ TUCTO DELIA

The Court of Appeal corrected a sentencing calculation in a cocaine trafficking case and reduced the appellant’s sentence to 15 years and 4 months’ imprisonment.

  • Trafficking in dangerous drugs
  • Sentencing guidelines
  • Guilty plea discount
  • International element enhancement
  • Mitigation and personal circumstances
  • Drug-trafficking
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Criminal law [2020] HKCA 746

HKSAR v. KO WAI SHING

Leave to appeal was refused on Charge 1, but granted on Charges 2 and 3 and on sentence. The court found an arguable issue on joint possession and GBL sentencing.

  • Trafficking
  • Importation
  • Possession
  • Joint possession
  • Possession of drug paraphernalia
  • Sentencing guidelines
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Criminal law [2019] HKCA 1291

HKSAR v. COZ TUCTO DELIA

Appeal against a drug-trafficking sentence raised issues about the starting point, international-element enhancement, mitigation, and an arithmetic error.

  • Drug trafficking
  • Sentence mitigation
  • International element enhancement
  • Judicial discretion
  • Guilty plea discount
  • Clerical/arithmetic error
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Criminal law [2019] HKCA 345

HKSAR v. ZARIPOV EDUARD

The Court of Appeal refused leave to appeal against a 14-year sentence for trafficking 591.73g of cocaine, upholding settled sentencing principles on cocaine, cross-border aggravation, and personal mitigation.

  • Drug trafficking
  • Sentencing guidelines
  • International element enhancement
  • Plea discount
  • Arbitrariness
  • Personal mitigation
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Criminal law [2019] HKCA 154

HKSAR v. FUNDI FURAHA GILES

The Court of Appeal refused leave to appeal out of time and dismissed the sentence appeal, holding there was no good reason for the long delay and no material sentencing error.

  • Drug trafficking
  • Sentence calculation
  • Mitigation (father wotherspoon campaign)
  • Leave to appeal out of time
  • International element enhancement
  • Application of sentencing guidelines
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Criminal law [2018] HKCA 920

HKSAR v. RWAKIBALE AHEEBWA PETER

The Court of Appeal granted leave to appeal against sentence and reduced a drug trafficking sentence by three months for participation in Father Wotherspoon’s campaign.

  • Drug trafficking
  • Sentencing guidelines
  • Guilty plea discount
  • International element enhancement
  • Mitigation
  • Post-sentence rehabilitation (father wotherspoon campaign)
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Criminal law [2018] HKCA 878

HKSAR v. KISAMO DIANA SEMALI

The Court of Appeal refused an extension of time to seek leave to appeal sentence in a drug trafficking case, and dismissed the sentence appeal.

  • Trafficking in dangerous drugs
  • Guilty plea mitigation
  • Assistance to authorities
  • Fr wotherspoon campaign
  • Delay in filing appeal
  • Tariff sentencing
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Criminal law [2018] HKCA 384

HKSAR v. CHOI CHUN WO

上訴庭在一宗冰毒販運判刑上訴案中,調整起點、國際元素加刑及自用扣減,最終維持判監3年1個月。

  • Trafficking in dangerous drugs
  • Self-consumption discount
  • Starting point calculation
  • International element enhancement
  • Guideline tariffs
  • Guilty plea discount
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Criminal law HKSAR v. OKAFOR CHARLES CHUKWUEMEKA

HKSAR v. OKAFOR CHARLES CHUKWUEMEKA

The Court of Appeal refused to treat the applicant’s abandonment of appeal as a nullity, refused leave to appeal sentence, and ordered 3 months’ loss of time.

  • Appeal abandonment
  • Loss of time order
  • Assistance to authorities
  • Guilty plea discount
  • International element enhancement
  • Legal aid refusal
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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.