HKSAR V. TSUI CHI WAI

[2026] HKCA 967 Court of Appeal 14 May 2026 • CACC162/2022 • 28 min read

12 cases cited (0 HK, 12 foreign)

Outcome

Application refused

we refuse the application for leave to appeal against conviction and dismiss the appeal, but grant the application for leave to appeal against sentence, set aside the sentence of 25 years and 6 months’ imprisonment, and substitute for it a sentence of 23 years’ imprisonment.

Source: [2026] HKCA 967, Court of Appeal, decided 14 May 2026. Read directly from the judgment.

Judges (3)

Macrae Coram Tam Coram Zervos Coram

Counsel (4)

Department of Justice Firm Robinsons, Lawyers Firm Andrew Li Counsel Respondent Simon Young Counsel Applicant

Parties (2)

HKSAR Respondent Tsui Chi Wai Applicant

Case Significance

HKSAR V. TSUI CHI WAI [2026] HKCA 967 was heard by the Court of Appeal on 14 May 2026. The court held: "we refuse the application for leave to appeal against conviction and dismiss the appeal, but grant the application for leave to appeal against sentence, set aside the sentence of 25 years and 6 months' imprisonment, and substitute for it a sentence of 23 years' imprisonment." The application for leave to appeal against conviction was refused and that appeal was dismissed, while leave to appeal against sentence was granted and the sentence was reduced accordingly.

The court's reasoning drew on a range of prior authorities, including (2024) 27 HKCFAR 6, (2004) 7 HKCFAR 475, (2004) 7 HKCFAR 600, [2021] 1 HKLRD 164, [2009] 2 HKLRD 437, [2023] 1 HKLRD 289, [2025] 2 HKLRD 138, [2026] 2 HKLRD 199, [1985] HCA 66, [2019] HCA 48, [2022] HKCFI 3017 and [2003] 4 HKC 517.

What did the Court of Appeal decide about the sentence in HKSAR V. TSUI CHI WAI [2026] HKCA 967?

In HKSAR V. TSUI CHI WAI [2026] HKCA 967, the Court of Appeal refused leave to appeal against conviction but granted leave to appeal against sentence, setting aside the original sentence of 25 years and 6 months' imprisonment and substituting a sentence of 23 years' imprisonment.

Did the Court of Appeal disturb the conviction in HKSAR V. TSUI CHI WAI [2026] HKCA 967?

No. The Court of Appeal refused the application for leave to appeal against conviction and dismissed that appeal in HKSAR V. TSUI CHI WAI [2026] HKCA 967, while separately granting leave to appeal against the sentence imposed.

Statutes Cited

Dangerous Drugs Ordinance (Cap 134)

Cases Cited (12)

AU (2)

[1985] HCA 66 [2019] HCA 48

HK (10)

(2004) 7 HKCFAR 475 (2004) 7 HKCFAR 600 (2024) 27 HKCFAR 6 [2003] 4 HKC 517 [2009] 2 HKLRD 437 [2021] 1 HKLRD 164 [2022] HKCFI 3017 [2023] 1 HKLRD 289 [2025] 2 HKLRD 138 [2026] 2 HKLRD 199