HKSAR v. SHING YIU FUNG

CACC 142/2025

[2026] HKCA 199

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 142 OF 2025

(ON APPEAL FROM HCCC NO 246 OF 2021)

________________________

________________________

________________________

D E C I S I O N

________________________

1.  This is an application for bail pending appeal. The test to be applied is succinctly stated in HKSAR v Wong Wai Wah[1]. The applicant was convicted on his own guilty plea of conspiracy to traffic in a dangerous drug and sentenced to 11 years and 3 months’ imprisonment, to be served concurrently with a sentence of 1 year’s imprisonment imposed in another case.

2.  The applicant appeared in person before me on 23 January 2026, seeking leave to appeal against his sentence.  After considering his grounds of appeal and the terms of his sentence, I granted him leave to appeal on the basis that he had substantial and plainly arguable grounds, giving rise to a reasonable prospect of reducing his sentence mainly by increasing the discount for his guilty plea from 20% to 25%, and by increasing the discount for the assistance he had rendered to the authorities to a percentage greater than the 4% he had received.[2]

3.  The applicant’s projected discharge date for the sentences he is currently serving is 14 September 2026.  On the basis that there is a real possibility he will receive a reduction in his sentence, which, on my calculation ,would warrant his immediate release, I grant the application.