HKSAR v. LI MAN KIT

CACC 259/2025, [2026] HKCA 1527

On appeal from [2020] HKCFI 1899

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 259 OF 2025

(ON APPEAL FROM HCCC NO 388 OF 2019)

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J U D G M E N T

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1.  This is the applicant’s application for bail pending his appeal against sentence.

2.  The applicant faced 2 counts of trafficking in a dangerous drug.  The offences took place on 19 September 2018.  Count 1 involved 336g of cocaine, and count 2 443.9g, making the total of 779.9g.  He pleaded guilty to the 2 counts, and was sentenced on 17 July 2020 to 12 years and 2 months imprisonment.

3.  In imposing that sentence, the sentencing Judge applied the then prevailing tariff, adopted the mathematical starting point of 20 years 3 months. She gave him 40% discount for his timely plea and the assistance he had rendered to the authorities, resulting in that final sentence.

4.  On 8 July 2025, the applicant seeks to appeal against that sentence out of time.  He relies on the revised sentencing guidelines in Huang Ruifang.

5.  The revised guidelines apply to the applicant.

6.  Applying the revised guidelines, the mathematical starting point would be 17 years 1 months.  Leaving aside any reconsideration of his role for the time being, which may not on the facts of this case result in any significant adjustment, his final sentence would be, upon reduction of 40% which the Judge granted him, in the region of 10 years 3 months (123 months).  The difference is not insignificant.

7.  In the light of the above, the respondent has indicated that it would not oppose the applicant’s substantive appeal.

8.  The court is grateful to Ms Wong’s candour and Ms Yeung’s diligence in bringing to the Court’s attention the fact that the applicant was on 19 March 2024 convicted of an offence of assault occasioning actual bodily harm (“AOABH”) whilst in the custody of the Correctional Services Department.  For that he was sentenced to 2 months’ imprisonment, consecutive to his other sentences.  That offence might impact upon the prospect of him being granted any remission (or the length of any which he may receive) for good behaviour.  But again grateful to parties’ effort, this Court is now told that upon confirmation sought by her from the CSD, that conviction will not affect the applicant’s remission.

9.  Assuming the grant of 1/3 remission, and upon the application of the revised guidelines, the applicant might actually have served out any revised term which he will face. 

10.  On the above basis, I grant the applicant bail pending appeal.

11.  I should however clarify that the bail is given only in respect of the sentence imposed on the applicant in respect of the trafficking conviction.  As no appeal has been lodged in relation to the AOABH sentence, this Court’s power to deal with that is limited.  As I have exchanged with counsel, I will leave matter as it is now, and if deemed necessary, parties can come back to me.

12.  I will hear parties on terms.