The Court of Appeal seized a rare opportunity, in a case that spanned over eight years, to review the sentencing guidelines for cocaine, heroin, and ice. In this unusual decision, the sentence for trafficking an exceptionally large quantity of drugs was reduced.
In HKSAR v Huang Ruifang (黃瑞芳) [2025] HKCA 234, the Court of Appeal were initially only dealing with the conviction of the appellant. However, they observed that during the lengthy procedural history of the case, the Court had handed down many judgments that concerned the sentencing approaches in drug trafficking cases. The Court took the opportunity to address some peculiar issues they observed in the existing sentencing guidelines of HKSAR v Abdallah [2009] 2 HKLRD 437, which affect both trafficking in cocaine or heroin, and ice (methamphetamine).
While the Court observed a general upward trend in Hong Kong to increase the sentence for the offence, it is interesting to note that the sentence for the most serious band of the offence is reduced. This must be viewed against the background of a practical sentencing ceiling of 35 years, to give some room for the sentencing judge to address the particular feature in each case.
The quirk with the old sentencing guidelines came from the extension approach in HKSAR v Abdallah, which was neatly illustrated when plotted graphically – a rare sight in a judgment. The court addressed the uneven sentences, and announced new guidelines that smooth the curves:
Former Sentencing Guideline for Cocaine/Herion
Former Sentencing Guideline for "Ice"
New Sentencing Guideline for Cocaine/Herion
| Quantity | Sentence |
|---|---|
| Up to 10g | 2-5 years' imprisonment |
| 10-50 g | 5-8 years |
| 50-200g | 8-12 years |
| 200-500g | 12-16 years |
| 500-1,500g | 16-20 years |
| 1,500-5,000g | 20-24 years |
| 5,000-15,000g | 24-27 years |
| 15,000-30,000g | 27-30 years |
| Above 30,000g | Discretionary |
New Sentencing Guideline for "Ice"
| Quantity | Sentence |
|---|---|
| Up to 10g | 3-7 years' imprisonment |
| 10-70 g | 7-11 years |
| 70-300g | 11-15 years |
| 300-600g | 15-18 years |
| 600-1,500g | 18-20 years |
| 1,500-5,000g | 20-24 years |
| 5,000-15,000g | 24-27 years |
| 15,000-30,000g | 27-30 years |
| Above 30,000g | Discretionary |
The new sentencing guidelines are effective from 5 March 2025, as the judgment of Huang Ruifang is handed down. While, as a general principle, the sentence for an offence should accord with the practice that prevailed at the time of the commission of the crime. This principle holds true only if it is in the defendant’s favour.
The consolidated and streamlined sentencing guidelines have eliminated the complexities and peculiarities of the previous regime. While the sentences are less severe in the higher bands, they continue to be among the most severe in the jurisdiction, comparable only to homicides.
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.
