Sentencing - Gordon Chan, Esq https://www.gordonchanbarrister.com Barrister-at-Law Tue, 20 Jan 2026 18:42:39 +0000 en-GB hourly 1 https://wordpress.org/?v=6.9 https://static.gordonchanbarrister.com/uploads/2022/02/Favicon-150x150.png Sentencing - Gordon Chan, Esq https://www.gordonchanbarrister.com 32 32 How retrospective is Huang Ruifang? https://www.gordonchanbarrister.com/how-retrospective-is-huang-ruifang/?utm_source=rss&utm_medium=rss&utm_campaign=how-retrospective-is-huang-ruifang Tue, 20 Jan 2026 17:57:31 +0000 https://www.gordonchanbarrister.com/?p=14491 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?

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Ketamine guideline to be reviewed https://www.gordonchanbarrister.com/ketamine-guideline-to-be-reviewed/?utm_source=rss&utm_medium=rss&utm_campaign=ketamine-guideline-to-be-reviewed Tue, 23 Sep 2025 07:49:09 +0000 https://www.gordonchanbarrister.com/?p=13317 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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Court of Appeal to review the 3 Tests https://www.gordonchanbarrister.com/court-of-appeal-to-review-the-3-tests/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-to-review-the-3-tests Fri, 18 Jul 2025 14:29:00 +0000 https://www.gordonchanbarrister.com/?p=12748 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.

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Summoned while on the Mainland https://www.gordonchanbarrister.com/summoned-while-on-the-mainland/?utm_source=rss&utm_medium=rss&utm_campaign=summoned-while-on-the-mainland Wed, 18 Jun 2025 03:20:58 +0000 https://www.gordonchanbarrister.com/?p=12446 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.

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Another Case of Neglect in Public Housing Declaration https://www.gordonchanbarrister.com/another-case-of-neglect-in-public-housing-declaration/?utm_source=rss&utm_medium=rss&utm_campaign=another-case-of-neglect-in-public-housing-declaration Thu, 05 Jun 2025 13:32:53 +0000 https://www.gordonchanbarrister.com/?p=12344 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.

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New Breach of Trust Theft Sentence Calculator https://www.gordonchanbarrister.com/new-breach-of-trust-theft-sentence-calculator/?utm_source=rss&utm_medium=rss&utm_campaign=new-breach-of-trust-theft-sentence-calculator Wed, 09 Apr 2025 14:17:36 +0000 https://www.gordonchanbarrister.com/?p=11646 A new Sentencing Calculator is now available for theft cases that involve a breach of trust, such as an employee stealing from an employer.

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Heroin, Cocaine, and Ice trafficking updated in the Sentencing Calculator https://www.gordonchanbarrister.com/heroin-cocaine-and-ice-trafficking-updated-in-the-sentencing-calculator/?utm_source=rss&utm_medium=rss&utm_campaign=heroin-cocaine-and-ice-trafficking-updated-in-the-sentencing-calculator Mon, 10 Mar 2025 13:50:15 +0000 https://www.gordonchanbarrister.com/?p=11393 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

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New Sentencing Guideline for Cocaine, Heroin, and Ice https://www.gordonchanbarrister.com/new-sentencing-guideline-for-cocaine-heroin-and-ice/?utm_source=rss&utm_medium=rss&utm_campaign=new-sentencing-guideline-for-cocaine-heroin-and-ice Fri, 07 Mar 2025 01:12:18 +0000 https://www.gordonchanbarrister.com/?p=11267 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.

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Misuse of Public Housing Resources https://www.gordonchanbarrister.com/misuse-of-public-housing-resources/?utm_source=rss&utm_medium=rss&utm_campaign=misuse-of-public-housing-resources Thu, 27 Feb 2025 05:12:56 +0000 https://www.gordonchanbarrister.com/?p=11177 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.

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The 3 Steps in Drug Possession Sentence https://www.gordonchanbarrister.com/the-3-steps-in-drug-possession-sentence/?utm_source=rss&utm_medium=rss&utm_campaign=the-3-steps-in-drug-possession-sentence Tue, 31 Dec 2024 23:13:06 +0000 https://www.gordonchanbarrister.com/?p=10300 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.

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