Court of Appeal to review the 3 Tests
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.
Summoned while on the Mainland
Mr Gordon Chan and Mr Wilson Yuen handled nine fire summonses on behalf of a flat owner who was unable to return to Hong Kong from mainland China. Unusually, the fault lay with the management company of a new building, which led to the prosecution of all 25 owners.
Another Case of Neglect in Public Housing Declaration
In WKS 7358/2025, Mr Gordon Chan mitigated on behalf of a defendant summonsed for neglecting to furnish information in a declaration. After considering her circumstances, the Magistrate acknowledged that the defendant was remorseful and imposed a fine of $6,000.
New Breach of Trust Theft Sentence Calculator
A new Sentencing Calculator is now available for theft cases that involve a breach of trust, such as an employee stealing from an employer.
Heroin, Cocaine, and Ice trafficking updated in the Sentencing Calculator
The Sentencing Calculator has been updated following the Court of Appeal’s latest sentencing guideline in HKSAR v Huang Ruifang (黃瑞芳) [2025] HKCA 234
New Sentencing Guideline for Cocaine, Heroin, and Ice
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.
Misuse of Public Housing Resources
In TMS 924/2025, Mr Gordon Chan represented the defendant, who faces a summons for the misuse of public housing resources. The Magistrate accepted that he was remorseful for his neglect and imposed a fine of $10,000.
The 3 Steps in Drug Possession Sentence
Drug possession is a serious crime. In sentencing a drug user, the court follows a 3 steps approach which takes into account the latent risk of the drugs finding their way to others. Such a factor can substantially lengthen the term of imprisonment.
The Disappeared
An absconded defendant is still sentenced to the prevailing policy at the time of the offence commission, even though the sentencing guidelines have changed.
The 6 Steps Affirmed
In a record-breaking drug bust, a man received the lengthiest sentence in Hong Kong history. On appeal, the court reviewed the sentencing principles of substantial quantities of drugs and clarified how the 6-step in Herry Jane Yusuph should be applied.
The 6 Steps in Drug Trafficking Sentence
The Court of Appeal summarised decades of Hong Kong’s experience in the fight against dangerous drugs and clarified how traffickers are sentenced.