HKSAR v. LO CHONG WING AND ANOTHER

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No. 325
(Criminal)

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J U D G M E N T

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Mayo, J.A. (giving the judgment of the Court):

1. These Applicants were caught virtually red handed trafficking in a very large quantity of heroin. Police officers who had been keeping premises at Sheung Shui under surveillance on 8th November 1994 intercepted the Applicants when they were leaving. They took them back into the flat they had come out of and 4,606.3 grammes of a mixture containing 1,182.2 grammes of heroin hydrochloride were found.

2. The men were co-operative and at an early stage indicated that it was their intention to plead guilty to the charge which would be brought against them. They adhered to this intention when they appeared before Yeung, J. at their trial.

3. Yeung, J.'s attention was also drawn to other matters.

4. He adopted 23 to 24 years as his starting point and sentenced both Applicants to 10 years' imprisonment. It is against these sentences that the Applicants now seek leave to appeal.

5. Certain additional information has been drawn to our attention during the course of this application which was not known to the Judge.

6. Whilst we are fully mindful of the seriousness of this offence and are entirely sympathetic to the view which Yeung, J. took of this matter we consider that the sentences imposed should be reduced by a further 2 years thus leaving sentences of 8 years each.

7. We allow the applications and treating them as the appeals we reduce the sentences of both Applicants to 8 years. To this extent these appeals are successful.