Hong Kong Case Law: Decisions & Judgments

Topic

Manufacture of drugs

Legal area

Court

7 Aug 2001

HKSAR v. WONG TO

Citation

HKSAR v. WONG TO
Court

Court of Appeal
Case number

CACC508/2000

The judge erred by failing to apply the totality principle and by treating related drug quantities and offences in isolation; the Court of Appeal therefore aggregated the relevant drug quantities and offences, adjusted starting points accordingly, applied a one‑third discount for early plea, substituted specific sentences for certain counts, re‑ordered concurrency/consecutivity and reduced the total sentence for D1 to 20 years imprisonment.
28 May 1996

R. v. TSANG CHUN HEI

Citation

R. v. TSANG CHUN HEI
Court

Court of Appeal
Case number

CACC8/1996

The judge's directions and summing-up were accurate and fair; there was sufficient evidence independent of the confessions on which a reasonable jury could convict; the admission of previous convictions was within the judge's discretion given the applicant's attack on witness character and implication of law-abidingness, and the judge properly cautioned the jury — therefore leave to appeal against conviction was refused.
22 Nov 1995

R. v. YAN WAI CHUNG

Citation

R. v. YAN WAI CHUNG
Court

Court of Appeal
Case number

CACC243/1995

Convictions on counts 3 (possession of Rohypnol) and 4 (manufacture contrary to s.6(1)(a)) are unsafe because the judge misdirected the jury by equating knowledge that manufacture was occurring with involvement in manufacture and by permitting inference of knowledge from tenancy/access without requiring proof of occupation or visits; manufacturing requires proof the accused did something to help or participated, not mere knowledge, therefore convictions quashed.
23 Dec 1968

TSUI FONG v. THE QUEEN

Citation

TSUI FONG v. THE QUEEN
Court

Court of Appeal
Case number

CACC664/1968

The appellate court reduced the sentence from four to three years because the original sentence was unusually high and the appellant's guilty plea had not been sufficiently taken into account; the court found no misdirection by the trial judge regarding characterisation of the offence or improper reliance on penalties available in another court.

Hong Kong Case Law

HKSAR v. WONG TO

R. v. TSANG CHUN HEI

R. v. YAN WAI CHUNG

TSUI FONG v. THE QUEEN