Hong Kong Case Law: Decisions & Judgments

Topic

Possession with intent to traffic

Legal area

Court

30 Nov 2007

HKSAR v. CHAN WAI LEUNG

Citation

HKSAR v. CHAN WAI LEUNG
Court

Court of Appeal
Case number

CACC215/2007

The court accepted the prosecution witnesses and the applicant's voluntary admission, found the applicant was in possession of the heroin mixture for the purpose of unlawful trafficking, and concluded the trial judge was entitled to reject the applicant's explanation; on sentencing the six-year term fell within the applicable tariff and was not manifestly excessive, therefore leave to appeal against both conviction and sentence was dismissed.
24 Mar 1993

R. v. LEE KUEN HUNG

Citation

R. v. LEE KUEN HUNG
Court

Court of Appeal
Case number

CACC121/1992

The Court held that on the evidence the trial judge was entitled to disbelieve the appellant, to find that the appellant knowingly possessed the drugs for trafficking, and that any prejudicial impact of the loan-shark material was addressed by the judge's directions; accordingly the conviction and sentence were upheld.
16 Mar 1993

Yeung Wai-chun v. R.

Citation

Yeung Wai-chun v. R.
Court

Court of Appeal
Case number

CACC446/1992

The appellate court held the deputy judge was entitled to infer that the drugs were possessed for trafficking based on quantity, retail-style packaging and unusual storage, and that the sentence was within the applicable Lau Tak Ming guideline range and not excessive; accordingly leave to appeal against conviction and sentence was refused.
8 Nov 1991

THE QUEEN v. HO SIK YIN

Citation

THE QUEEN v. HO SIK YIN
Court

Court of Appeal
Case number

CACC126/1991

Where a sentencing judge in the District Court concludes the proper sentence exceeds the court's statutory jurisdiction, any discount for a guilty plea must be applied against the maximum sentence the District Court can impose; applying that principle reduced the imposed seven year term to six years to reflect the guilty plea.
5 Dec 1990

THE QUEEN v. SO WAI

Citation

THE QUEEN v. SO WAI
Court

Court of Appeal
Case number

CACC336/1990

The guilty plea discount must be applied to the maximum sentence the sentencing judge could lawfully impose (the ceiling) rather than deducted from a higher starting point outside his jurisdiction; applying that principle reduced the lawful sentence from 7 years to 6.5 years.
1 Aug 1990

THE QUEEN v. HUNG MAU SING

Citation

THE QUEEN v. HUNG MAU SING
Court

Court of Appeal
Case number

CACC476/1989

The application for extension of time was refused because the sentence of nine years fell squarely within the Court's guideline for 2.7 kg (8–12 years), the proposed appeal had no real prospect of success, and the applicant's unexplained decision (or reliance on poor advice) not to appeal in time was insufficient to justify extension; family circumstances did not alter that conclusion.
12 Jun 1990

THE QUEEN v. KONG KI KONG

Citation

THE QUEEN v. KONG KI KONG
Court

Court of Appeal
Case number

CACC380/1989

On the admitted facts the appellant's role exceeded that of a mere courier because his premises were used for preparation of the drugs; the trial judge confined himself to admitted facts and the aggravating features justified the 12 year sentence, which is not manifestly excessive.
9 Feb 1990

THE QUEEN v. TANG HOK KAU

Citation

THE QUEEN v. TANG HOK KAU
Court

Court of Appeal
Case number

CACC349/1989

The Court dismissed the application because the trial judge's acceptance of the police evidence and rejection of the applicant's account was reasonable on the evidence (including 111.82 grams of heroin mixture and injuries consistent with a struggle); nothing raised on appeal undermined those findings or showed bias or procedural unfairness warranting interference.
9 Feb 1990

THE QUEEN v. WU KWOK KEE

Citation

THE QUEEN v. WU KWOK KEE
Court

Court of Appeal
Case number

CACC282/1989

The conviction was quashed because it was unsafe: the trial judge may have relied on inadmissible hearsay statements of a third party (Ah Pok) who did not testify, and that reliance undermined the safety of the verdict even though the quantity-based presumption would otherwise have supported trafficking; matter remitted for retrial.
28 Dec 1989

THE QUEEN v. NG YUK CHIU

Citation

THE QUEEN v. NG YUK CHIU
Court

Court of Appeal
Case number

CACC202/1989

Leave to appeal was refused because the trial judge properly resolved factual disputes and credibility issues; the identified inconsistencies were minor, did not undermine the essential evidence of the police officers, and did not raise a reasonable doubt; there was no evidence of bias and the defence declined to adduce further evidence on clothing changes.