After leave to appeal was granted in HKSAR v Yau Kai-fung, the Court of Appeal may soon review the sentencing approach for trafficking in multiple dangerous drugs.
In HKSAR v Yau Kai-fung (邱啟峰) [2025] HKCA 642, the applicant sought leave to appeal against his sentence for trafficking in a mixture of 112.66g ketamine and 6.57g cocaine. He was sentenced to 5 years and 4 months’ imprisonment.
In granting leave to appeal, Hon Zervos JA remarked that this case may provide the Court of Appeal with an opportunity to evaluate the usefulness of the three check tests and the sentencing approach for trafficking in multiple drugs.
The three tests are used to cross-check the sentence and to ensure that adjustments are made to arrive at a sentence that is just and appropriate. They are, namely:
- the “absurdity test”
- the “conversion test”
- the “ratio test”.
It is interesting to note the remark at the end of the leave judgment:
“The calculation of these tests can be complicated and have had a tendency of replacing the determination of a starting point by the individual or combined approaches. It is important to have both certainty and consistency in the determination of just and appropriate sentences, and to make the process straightforward and uncomplicated.”
Through the appeal judgment, the Court of Appeal will review the sentencing approach and hopefully streamline the process.
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.
