Following the sentencing guidelines review for trafficking in Cocaine, Heroin, and Ice in Huang Ruifang. The Court of Appeal is set to review the sentencing scheme for Ketamine.
The Court of Appeal granted leave to appeal against sentence in HKSAR v Choi Tsz Fung (蔡梓鋒) [2025] HKCA 733, which concerned a sentence of 16 years’ imprisonment for trafficking 6.8kg of Ketamine. This quantity far exceeded previous established sentencing guidelines.
In granting leave, Hon Macrae VP remarked that the Ketamine guidelines in Hii Siew Cheng are 17 years old and only cater for a quantity up to 1 kg. The court is also concerned with the consistency of sentencing between different drugs after Huang Ruifang (No 3) [2025] 2 HKLRD 138.
The Court of Appeal is expected to introduce a new and comprehensive sentencing guideline for Ketamine that is similar to that of Huang Ruifang in due course.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
