Hong Kong Case Law: Decisions & Judgments

Topic

International trafficking

Legal area

Court

7 Dec 2016

HKSAR v. NDUNGU RAHAB WANJIRU

Citation

HKSAR v. NDUNGU RAHAB WANJIRU
Court

Court of Appeal
Case number

CACC64/2016

Apply established sentencing guidelines: starting point 20 years for 700g heroin, plus one year for international element to give 21 years, apply full one-third discount for guilty plea to reach 14 years 4 months; post-sentence assistance of the kind involved is for the executive to assess and does not justify appellate intervention—therefore refuse leave to appeal and affirm sentence.
23 Sept 2016

HKSAR v. ANINWONYE EMMANUEL CHUKWUEMEKA

Citation

HKSAR v. ANINWONYE EMMANUEL CHUKWUEMEKA
Court

Court of Appeal
Case number

CACC84/2016

Applicant failed to provide any satisfactory explanation for the nearly five-year delay; the sentence (starting point 20 years, one-year enhancement for international element, one-third discount for guilty plea, resulting in 14 years) was within the applicable guidelines and not erroneous in principle; reliance on first-instance decisions did not justify extension of time; leave refused.
27 Aug 2014

HKSAR v. LAW HOI YAN, WING

Citation

HKSAR v. LAW HOI YAN, WING
Court

Court of Appeal
Case number

CACC426/2013

Enhancement of sentence for international trafficking was lawful despite interception before export because the defendant had imported the drugs into Hong Kong with intent to export; personal circumstances are of limited weight in serious drug trafficking cases and do not justify reducing an otherwise appropriate sentence; therefore leave to appeal against the sentence was dismissed and the sentence of 14 years and 8 months imprisonment was upheld.
26 Mar 2013

HKSAR v. CHAN PO WAH AND ANOTHER

Citation

HKSAR v. CHAN PO WAH AND ANOTHER
Court

Court of Appeal
Case number

CACC179/2012

The trial judge erred by applying Abdallah/heroin guidelines to ICE; the correct approach is to apply ICE-specific guidance and comparative decisions to avoid mathematical progression. For these facts a 21-year starting point for ~1,500g ICE was appropriate, increased to 23 years for the international element, then reduced by one-third for guilty pleas, producing sentences of 15 years and 4 months imprisonment for each applicant.
24 Feb 1998

HKSAR v. Leang Sze Keong

Citation

HKSAR v. Leang Sze Keong
Court

Court of Appeal
Case number

CACC566/1997

The Court held the sentencing judge correctly selected a 25-year starting point for large-quantity international heroin trafficking and properly applied the usual one-third discount for the guilty plea, resulting in a sentence of 16 years 8 months; therefore leave to appeal was refused.
20 Feb 1998

HKSAR v. WAI KIN SHING

Citation

HKSAR v. WAI KIN SHING
Court

Court of Appeal
Case number

CACC505/1997

The appeal is allowed because the sentencing judge, having accepted the factors entitling the appellant to a one-third discount, failed to give reasons for awarding slightly less; the full one-third discount must be applied, varying the sentence from 17 years to 16 years 8 months.

Hong Kong Case Law

HKSAR v. NDUNGU RAHAB WANJIRU

HKSAR v. ANINWONYE EMMANUEL CHUKWUEMEKA

HKSAR v. LAW HOI YAN, WING

HKSAR v. CHAN PO WAH AND ANOTHER

HKSAR v. Leang Sze Keong

HKSAR v. WAI KIN SHING