Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sentencing guidelines for controlled substances

Legal area

Court

4 Oct 2013

HKSAR v. TAM YI CHUN

Citation

HKSAR v. TAM YI CHUN
Court

Court of Appeal
Case number

CACC524/2011

The Court held that the challenges to admissibility were without merit because disagreements about the accuracy of recorded utterances are factual matters for the jury and there was no evidence of police trick or oppression sufficient to render statements involuntary; consequently the allegation of counsel's flagrant incompetence lacked any real prospect of success and leave to appeal the conviction was dismissed; costs awarded to the respondent; sentencing issues were adjourned for further consideration of guidelines for methamphetamine trafficking.
6 Aug 2004

HKSAR v. CAPITANIA EDWIN F

Citation

HKSAR v. CAPITANIA EDWIN F
Court

Court of Appeal
Case number

CACC28/2004

Possession of a relatively large quantity of methamphetamine together with a weighing scale and numerous resealable bags, found in the accused's room and unexplained by any credible account, permits the only reasonable and overwhelming inference of an intention to traffic rather than mere personal use; the trial judge's adoption of a 6‑year starting point for sentencing and his apportionment of part of the quantity to personal use were within proper judicial discretion and not arbitrary.