HKSAR v. Lam Wai Chung

CACC 5/2026 [2026] HKCA 1371

On appeal from [2020] HKCFI 1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 5 OF 2026

(ON APPEAL FROM HCCC NO 63 OF 2019)

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J U D G M E N T

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Hon Zervos JA (giving the Judgment of the Court):

1.This was originally an application for bail pending appeal, but, by agreement with the parties, it was relisted to hear the appellant’s appeal against sentence.  On 10 June 2026, leave was granted to the appellant to appeal out of time against his sentence, and the hearing of the appeal was initially fixed for 12 March 2027, which has now been vacated.  

2.The basis of the appeal against sentence is that the appellant contends that he is entitled to a reduction of his sentence under the revised guidelines in HKSAR v Huang Ruifang (No 3)[1].

3.On 2 September 2019, the appellant was sentenced to 14 years and 8 months’ imprisonment for trafficking in 1,076.8 grammes of heroin narcotic. 

4.On the morning of 17 April 2018, the appellant was observed by police officers carrying a carton box while walking along Castle Peak Road in Kwai Chung.  He was intercepted, and inside the box were found 19 packets of Thai snacks that contained the drugs, which were sealed in tin foil packets.  The appellant, under caution, stated that his friend “Ah Fai” had instructed him to collect the parcel for a reward of HK$30,000.

5.In sentencing the appellant under the previous guidelines, the judge accepted that the appellant was a mere courier and that there were no other aggravating factors warranting any enhancement of his sentence.  The appellant was given a one-third discount for his timely guilty plea.  There were no other mitigating factors warranting a further reduction in his sentence.

6.Under the revised guidelines, trafficking between 500 grammes and 1,500 grammes of heroin corresponds to a term of 16 to 20 years’ imprisonment.  This would result in a starting point of 18 years and 3 months’ imprisonment and, after a one-third discount for his timely guilty plea, a sentence of 12 years and 2 months’ imprisonment.  Under the revised guidelines, the appellant would be entitled to a substantial reduction of 2 years and 6 months from his original sentence.

7.We allow the appellant’s appeal and quash his sentence of 14 years and 8 months’ imprisonment, and substitute it for a sentence of 12 years and 2 months’ imprisonment.

Mr Joe Hui, SPP, of the Department of Justice, for the respondent

Mr Samson Hung, instructed by WT Law Offices, assigned by the Director of Legal Aid, for the appellant

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