HKSAR v. CHAN CHOI MING

CACC 196/2025 [2026] HKCA 1524

On appeal from [2025] HKCFI 993

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 196 OF 2025

(ON APPEAL FROM HCCC NO 293 OF 2024)

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J U D G M E N T

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1.  On 4 December 2024, the applicant was sentenced by Recorder Maggie Wong SC (the judge) to 20 years and 7 months’ imprisonment for two counts of trafficking in dangerous drugs, involving 9.864 kilogrammes of heroin (Count 1) and 10.64 kilogrammes of heroin and 5.85 kilogrammes of methamphetamine hydrochloride (commonly known as Ice) (Count 2).

2.  On 20 June 2025, the applicant applied for leave to appeal against sentence out of time by about five months. He seeks to benefit from a reduction in his sentence under the revised guidelines in HKSAR v Huang Ruifang (No 3)[1].

3.  Ms Winnie Mok, for the respondent, opposes the application on the principal basis that, even if the applicant were to be sentenced afresh under the revised guidelines, the difference in sentence would not be significant enough to warrant appellate interference.

4.  The facts admitted by the applicant[2] were that, on 28 March 2022, he was intercepted by police officers at the lobby of a flat he had rented, carrying a suitcase containing 32 blocks of heroin (Count 1). Using the passcode he provided, the police entered the flat and found a further 34 blocks of heroin and 6 packets of Ice, together with and various drug paraphernalia[3] (Count 2). His DNA was found on the drug wrappings, a scale and a sealing machine.

5.  The applicant admitted under caution that, in about June or August 2021, he had agreed with a person called “Ah Jay” (Jay) to store and deliver dangerous drugs, and had received a reward of HK$180,000 in early March 2022. On Jay’s instructions, he rented the flat and transported the drugs in Count 2 from Stanley to the flat in October 2021 using a van he had rented. Between February and March 2022, he packaged the drugs, checked their condition and delivered specified quantities to a locker at V Walk on two or three occasions. On 28 March 2022, on Jay’s instructions, he placed the drugs in Count 1 into a suitcase, which he planned to deliver to a locker at Yoho Mall. He confirmed that he was the only person who knew the passcode for the flat and that he kept the van key. He also confirmed that the paraphernalia were for weighing and packaging the drugs, and that he and Jay communicated in codes via WhatsApp messages about the drugs and their packaging. Telephone records showed frequent calls between them from 28 February to 28 March 2022.

6.  The total street value of the drugs was HK$27,136,910.

7.  At the time of sentence, the applicant was 37 years of age and had a clear record. The judge treated both offences as part of a single transaction and adopted a global starting point of 30 years and 6 months’ imprisonment for the total of 20.504 kilogrammes of heroin and 5.85 kilogrammes of Ice involved. Having considered his role as that of a storekeeper or courier, she found that he was heavily involved in the packaging, repackaging and dissemination of the drugs. She noted that he had planned to deliver 32 blocks of heroin to a locker in Yoho Mall on the day of the offences. To reflect the trafficking of two types of drugs, she enhanced the sentence by 6 months to 31 years’ imprisonment. Applying a one-third discount for his guilty pleas, she sentenced him to 20 years and 7 months’ imprisonment on each of the two counts, to be served concurrently.

Discussion

8.  The applicant was sentenced on 4 December 2024, and thus satisfied the time requirement of having been sentenced after 18 September 2018 for the revised guidelines to apply, as stated in HKSAR v Lam Man Tak[4], subject to the issue of his leave application being out of time. If the Court were to allow his appeal and sentence him afresh under the revised guidelines[5] and applicable sentencing principles[6], the arithmetic starting point for trafficking in 9.864 kilogrammes of heroin under Count 1 would be 25 years and 5 months’ imprisonment, and for trafficking in 10.64 kilogrammes of heroin and 5.85 kilogrammes of Ice under Count 2 would be 27 years and 3 months’ imprisonment.

9.  As submitted by Ms Mok, applying the combined approach, the appropriate starting point for the total quantity of narcotics involved in both counts would be 29 years and 3 months’ imprisonment[7] on a purely arithmetical basis. The presence of two types of drugs, catering for a wider market, warrants an enhancement of 6 months to 29 years and 9 months’ imprisonment. With a one-third discount for his guilty pleas, the overall sentence would be 19 years and 10 months’ imprisonment, which is 9 months lower than the original term of 20 years and 7 months’ imprisonment.

10.  Even though the judge characterised the applicant’s role as that of a courier or storekeeper, the facts and circumstances reveal that he was substantially involved in the packaging and dissemination of the drugs. This point was made by Ms Mok in her oral submissions, noting that this would warrant an enhancement of 6 or 9 months when addressing the applicant’s role and culpability.

11.  On his own admission, the applicant had rented the flat since October 2021, had exclusive access to it, and used it as a packaging and distribution centre for large quantities of dangerous drugs worth about HK$27 million. He received a reward of HK$180,000. Between February and March 2022, he checked and packaged the drugs with knowledge of the various markings on their packaging. He also distributed them to lockers in shopping malls on several occasions and planned to do so shortly before his arrest. Forensic evidence confirmed that his DNA was found on the drug wrappings and paraphernalia. These circumstances elevated his role and culpability and significantly aggravated his offending (HKSAR v Islam Azharul[8]).

12.  Treating the two offences as part of a single transaction, it is appropriate to determine the sentence by reference to the combined quantities of the drugs involved. The total quantity of heroin was 20,504 grammes and, on an arithmetic basis, this corresponds to a starting point of 28 years and 1 month’s imprisonment, whereas the quantity of Ice of 5,850 grammes corresponds to a starting point of 24 years and 3 months’ imprisonment. In sentencing the applicant afresh under the revised guidelines, it would be appropriate to adopt a starting point of 29 years and 3 months’ imprisonment to be enhanced by 9 months for his role and culpability to 30 years’ imprisonment. There is the aggravating factor that he was trafficking in more than one type of dangerous drug, which warrants a further enhancement of 6 months to 30 years and 6 months’ imprisonment. After the one third discount for his guilty plea, this would result in a sentence of 20 years and 4 months’ imprisonment. This is a sentence close to the one he received. Accordingly, the difference between the sentence under the previous and revised guidelines is less than one year and would not be regarded as sufficiently significant to warrant appellate interference (HKSAR v Yusuf Lukman Adepoju[9]).

13.  For the foregoing reasons, the applicant’s application for leave to appeal against his sentence out of time is refused. He had been informed of the consequences of renewing his application, including the risk of a loss of time order.

[1] HKSAR v Huang Ruifang (No 3) [2025] 2 HKLRD 138.

[2] Appeal Bundle (AB), 4-12.

[3] Apart from the drugs, the police seized from the flat an electronic scale, an electronic sealing machine, resealable plastic and paper bags, a nylon bag, a marker (on which the applicant’s fingerprints were found), scissors, plastic gloves, a trolley, and utility bills. See AB, 5, at [5].

[4] HKSAR v Lam Man Tak [2026] 2 HKLRD 199.

[5] Under the revised guidelines in Huang Ruifang (No 3), trafficking in 5,000 to 15,000 grammes of either heroin and Ice corresponds to a range of 24 to 27 years’ imprisonment; trafficking in 15,000 to 30,000 grammes of either heroin and Ice corresponds to a range of 27 to 30 years’ imprisonment.

[6] HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290.

[7] The respondent arrived at this figure by treating heroin as the base drug, resulting in an overall total of 26,354 grammes of heroin. See Respondent’s Written Submission, at [24].

[8] HKSAR v Islam Azharul [2020] 1 HKLRD 644.

[9] HKSAR v Yusuf Lukman Adepoju [2026] HKCA 1050.