Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Substitution of conviction under section 83a
  • 20 Feb 2019

    HKSAR v. CHUNG SAI WAH

    Citation
    [2019] HKCA 178
    Court
    Court of Appeal
    Case number
    CACC367/2017

    The applicant’s utterance 'to deal with coke' was, in context, unequivocally a reference to cocaine and did not require special Zhou Limei directions; the substantive offence of trafficking was not made out because the controlled delivery prevented completion, but the jury’s verdict showed they accepted the applicant intended and took steps beyond mere preparation so the court, exercising its s83A power, properly substituted a conviction for attempted trafficking and imposed the same 21 year sentence.