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CACC 83/2021 [2026] HKCA 1357
On appeal from [2021] HKCFI 986
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO 83 OF 2021
(ON APPEAL FROM HCCC NO 399 OF 2019)
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BETWEEN
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HKSAR |
Respondent |
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and
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Sohag Howlader |
Applicant |
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| Before: |
Hon Zervos JA in Court |
| Date of Hearing: |
29 July 2026 |
| Date of Judgment: |
29 July 2026 |
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J U D G M E N T
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1. This is primarily an application for leave to appeal against
sentence out of time based on the revised sentencing guidelines in HKSAR v Huang Ruifang (No 3)[1]. He further seeks to review his sentence
due to his poor state of health and family circumstances.
2. On 28 April 2019, a team of police officers found 17.9
grammes of cocaine and 66.3 grammes of Ice in the premises that the applicant was leasing. The applicant
was a Form 8 recognizance holder. On 24 March 2021, he was convicted after trial of trafficking in the
dangerous drugs and sentenced on the next day to 11 years and 9 months’ imprisonment.
3. On 19 April 2021, the applicant filed a notice of application
for leave to appeal against conviction, which was refused. He renewed the application, which was also
refused, and his appeal was dismissed with an order for loss of time of 3 months.
4. The revised guidelines apply to large quantities of the
relevant dangerous drugs, namely amounts of 600 grammes or more. They do not apply to the circumstances of
this case.
5. The applicant’s complaint about his poor state of health and
family circumstances does not disclose any mitigating factors warranting a reduction in sentence.
6. The applicant’s application for leave to appeal against his
sentence out of time is without merit and is therefore refused. He had been informed of the consequences
of renewing his application, including the risk of a loss of time order.
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(Kevin Zervos)
Justice of Appeal |
Mr Derek Wong, SADPP (Ag), of Department of Justice, for the respondent
The applicant appeared in person
[1] HKSAR v Huang Ruifang (No 3)
[2025] 2 HKLRD 138.
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