Hong Kong Case Law: Decisions & Judgments

Topic

Trafficking in controlled drugs

Legal area

Court

18 Dec 2020

香港特別行政區訴趙國樑

Citation

[2020] HKCA 1033
Court

Court of Appeal
Case number

CACC141/2018

The Court held the jury's guilty verdict was safe: the prosecution evidence afforded a proper basis to infer the applicant knew the bag contained drugs when he received it; the fresh psychiatric records did not show impairment at the material time and were irrelevant to undermine the conviction; the trial judge fairly and correctly directed the jury; and the 18‑year sentence for 480g of methamphetamine fell within established sentencing guidelines, so leave to appeal and the appeals were refused.
9 Jun 2014

HKSAR v. TAM YI CHUN

Citation

HKSAR v. TAM YI CHUN
Court

Court of Appeal
Case number

CACC524/2011

For quantities of ICE of 600 grammes and over there is now no justification for treating ICE less severely than heroin; sentencing guidelines for ICE are revised to align with Abdallah for amounts >=600g while retaining higher tariffs for smaller ICE quantities; in the applicant's case the sentence was substituted to 24 years six months (24.5 years) after applying an appropriate starting point and uplift for international trafficking.
14 Apr 2010

HKSAR v. NANFUKA ANGEL

Citation

HKSAR v. NANFUKA ANGEL
Court

Court of Appeal
Case number

CACC359/2009

The court upheld the sentencing approach: starting point of 18 years 6 months reduced by one-third to 12 years 4 months for the guilty plea; ordinary family hardship does not constitute exceptional humanitarian grounds to reduce sentence further, therefore the application for further reduction is dismissed.
5 Nov 2002

HKSAR v. ISKANDAR

Citation

HKSAR v. ISKANDAR
Court

Court of Appeal
Case number

CACC239/2002

The Court held the 16 year sentence was appropriate for trafficking over 3.8 kg of methamphetamine, that the reduction from a 25 year starting point for mitigation was reasonable, and there was no basis to depart from the established tariff; the application for leave to appeal was dismissed.
29 Aug 2001

HKSAR v. SUI CHING CHUEN

Citation

HKSAR v. SUI CHING CHUEN
Court

Court of Appeal
Case number

CACC499/2000

The Court held that the sentencing judge misapplied the totality principle by adopting an overall starting point equivalent to about 36 years before discount for plea; maintaining individual sentences but restructuring concurrency/concurrency to have six years of the 14-year count 2 run consecutively to the 10-year count 1 (with the remainder concurrent with count 3) properly applies totality and reduces the overall sentence to 16 years imprisonment; costs of HKD 30,000 awarded to the appellant.
20 Jun 2001

HKSAR v. Soliz Antelo Richard

Citation

HKSAR v. Soliz Antelo Richard
Court

Court of Appeal
Case number

CACC539/1997

The abandonment was a deliberate and informed act and not a nullity; therefore the application to treat the abandonment as void and to revive the leave to appeal is dismissed. Additionally, even if entertained, the challenge to sentence would have failed because the starting point and the resulting sentence were appropriate.
30 Jan 2001

HKSAR v. KWOK IP WAI

Citation

HKSAR v. KWOK IP WAI
Court

Court of Appeal
Case number

CACC456/1999

Leave to appeal out of time was refused because the applicant failed to demonstrate sufficient cause for the delay and the proposed appeal lacked any real prospect of success; accordingly the out of time application was dismissed.
21 Feb 2000

HKSAR v. CHUI CHI WAI AND ANOTHER

Citation

HKSAR v. CHUI CHI WAI AND ANOTHER
Court

Court of Appeal
Case number

CACC490/1999

The Court held that the sentencing judge did not err in giving a one-quarter discount for pleas entered at retrial, but the starting points of 12 years (each count) and an effective 16 years total for D2 were inordinately high given Lee Tak-kwan; the appropriate starting point for each count is 10 years and applying the one-quarter discount produces reduced sentences: D1 to 7 years; D2 to 7 years on each count with 2 years of Count 2 consecutive, total 10 years.
22 Oct 1999

HKSAR v. HO HAU KWONG

Citation

HKSAR v. HO HAU KWONG
Court

Court of Appeal
Case number

CACC289/1999

The trial judge properly assessed the witnesses and the applicant's account was inherently improbable; there was no error in the judge's approach, so leave to appeal is refused and the application is dismissed, with an order excluding four months of remand time because the appeal was wholly unmeritorious.
27 Apr 1999

HKSAR v. HO KAM WING

Citation

HKSAR v. HO KAM WING
Court

Court of Appeal
Case number

CACC610/1998

The Court held that the sentencing judge's starting point of 19 years and the reduction of just over a third for the early plea produced a sentence that was appropriate in all the circumstances; the application for leave to appeal was dismissed and the court exercised its discretion to exclude three months of time served pending the hearing from counting towards the sentence because the application lacked merit.