Drug Trafficking in Hong Kong – a New Page?

In a recent case of HKSAR v Huang Ruifang [2025] HKCA 234, the Defendant was initially charged in April 2017 with trafficking 6,960 milliliters of liquid cocaine, she received a sentence of 28 years and 4 months in 2018. After a retrial in July 2022, her sentence was reduced to 27 years and 10 months.

During her appeal process, various legal principles regarding sentencing guidelines for drug trafficking were discussed. The case raised concerns about whether the existing sentencing guidelines, originally established in the 2006 case of HKSAR v Abdallah, were too harsh and inconsistent with more recent decisions. Advocates for Huang argued that the guidelines led to excessively severe sentences and proposed two main changes: a downward revision of the sentencing framework and greater judicial discretion to consider personal mitigating factors.

The prosecution, on the other hand, argued that the current guidelines adequately represent the severity of drug trafficking offenses, emphasizing that high sentences are necessary to deter drug-related crimes in society. They also presented statistical evidence showing an increase in drug trafficking cases since the Abdallah ruling, underscoring the ongoing challenges posed by drug-related crimes.

The court acknowledged the need for evolving guidelines to address changing drug patterns and societal attitudes while maintaining a strong deterrent effect against drug trafficking. The discussion emphasized the tension between applying consistent sentencing guidelines and ensuring fairness for individuals in unique circumstances, particularly in the context of large-scale drug trafficking.

Overall, the case reflects broader discussions within the judicial system about how best to balance effective deterrence of drug trafficking with fair treatment of defendants. The court's final decision is anticipated to influence future sentencing practices related to drug offenses in Hong Kong.

26th March 2025