HKSAR V. FADONOUGBO FREJUS LEZIN

[2025] HKCA 524 Court of Appeal 20 August 2025 • CACC121/2022 • 47 min read

19 cases cited (0 HK, 19 foreign)

Outcome

Application granted

We granted the application, as we were seized of an appeal from the appellant’s case, and under the new sentencing guidelines, his sentence would be significantly reduced.

Source: [2025] HKCA 524, Court of Appeal, decided 20 August 2025. Read directly from the judgment.

Judges (3)

M Poon Coram Macrae Coram Zervos Coram

Counsel (4)

Charles Yeung Clement Lam Liu & Yip Firm Department of Justice Firm David Boyton Counsel Appellant Samantha Chiu Counsel Respondent

Parties (2)

HKSAR Respondent Fadonougbo Frejus Lezin Appellant

Case Significance

HKSAR V. FADONOUGBO FREJUS LEZIN [2025] HKCA 524, decided by the Court of Appeal on 20 August 2025, was a criminal appeal engaging sections 81(1), 81A(1) and 81D of the Criminal Procedure Ordinance, section 84 of the District Court Ordinance, and section 13 of the High Court Ordinance. The court recorded that 'We granted the application, as we were seized of an appeal from the appellant's case, and under the new sentencing guidelines, his sentence would be significantly reduced.'

The determination drew on a wide span of Hong Kong authority, including [2022] HKCFI 2587, [2023] HKCA 808, [1996] 1 HKC 480, [2005] 1 HKC 162, (2021) 24 HKCFAR 448, (2001) 4 HKCFAR 133, (2006) 9 HKCFAR 206, [2016] 1 HKLRD 924, [2014] 1 HKLRD 460, [2025] 2 HKLRD 138 and [2009] 2 HKLRD 437, together with the English authority in [2001] EWCA Crim 274.

Summary

Criminal conviction appeal by Fadonougbo Frejus Lezin, a Beninese national convicted of trafficking in 988 grammes of powder containing 806 grammes of cocaine. His first trial was aborted due to a hung jury; he was convicted at retrial. The Court of Appeal (Macrae Acting CJHC, Zervos and M Poon JJA) allowed the appeal with leave, overturning the conviction and addressing issues regarding the retrial process.

Why did the Court of Appeal grant the application in HKSAR V. FADONOUGBO FREJUS LEZIN [2025] HKCA 524?

The court explained that, being seized of an appeal from the appellant's matter, application of the new sentencing guidelines meant his sentence would be significantly reduced, as recorded in the holding of HKSAR V. FADONOUGBO FREJUS LEZIN [2025] HKCA 524.

What statutory provisions were engaged in [2025] HKCA 524?

The appeal in HKSAR V. FADONOUGBO FREJUS LEZIN [2025] HKCA 524 engaged sections 81(1), 81A(1) and 81D of the Criminal Procedure Ordinance, section 84 of the District Court Ordinance, and section 13 of the High Court Ordinance, addressing appellate jurisdiction and sentencing powers.

Statutes Cited

Criminal Procedure Ordinance

s 81(1) s 81A(1) s 81D

District Court Ordinance (Cap 336)

s 84

High Court Ordinance (Cap 4)

s 13

Cases Cited (19)

UK (8)

[1960] 1 QB 411 [1977] 3 All ER 561 [1982] 1 WLR 614 [1989] QB 868 [2001] EWCA Crim 274 [2003] 1 AC 641 [2004] 1 AC 1118 [2004] 1 WLR 201

HK (11)

(2001) 4 HKCFAR 133 (2006) 9 HKCFAR 206 (2021) 24 HKCFAR 448 [1996] 1 HKC 480 [2005] 1 HKC 162 [2009] 2 HKLRD 437 [2014] 1 HKLRD 460 [2016] 1 HKLRD 924 [2022] HKCFI 2587 [2023] HKCA 808 [2025] 2 HKLRD 138

Citation influence

HKLII records this judgment as cited by 3 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2026] HKCA 89 Court of Appeal

23 January 2026

[2026] HKCA 67 Court of Appeal

20 January 2026

[2025] HKCA 1109 Court of Appeal

11 December 2025