Legal Update

The End of the 3 Tests

In a surprising move, the Court of Appeal ended the use of “the three tests” in the sentencing of trafficking that involved multiple drugs. Now only one test remained.

The beginning of the end for vapes

Hong Kong has once again tightened its control over alternative smoking products. From 30 April 2026, the possession of vapes in public places has become a criminal offence.

New Offences to Combat Misuse of Public Housing

From 31 March 2026, a range of new tools became available to the Housing Authority to combat the abuse of public housing resources. Criminalising new abusive activities, granting additional powers, and extending prosecution deadlines. This marks a significant overhaul to support enforcement.

Cases of Sudden Babies Death

The death of children and infants is deeply concerning. However, recent cases in Hong Kong and the UK highlight the importance of medical and scientific evidence in establishing the cause of death and whether it constitutes a crime.

No Property in a Body

It’s not common for people to argue over a dead body. However, as shown in a recent case, when they do, it is not a piece of property that can be inherited as part of the estate.

How retrospective is Huang Ruifang?

While Huang Ruifang (No 3) had reduced the sentence for trafficking certain dangerous drugs, a natural question follows: How far back does it apply to other cases?

The Right to Silence

Hong Kong remains one of the few places in the common law world where the right to silence is unaffected by legislation. The Court of Final Appeal examined different aspects of this right in two rulings over two years.

Ketamine guideline to be reviewed

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.

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