HKSAR v. Sohag Howlader

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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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.

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.