A more streamlined approach for sentencing cases involving “cocktail” drugs

The Court of Appeal’s recent judgment in HKSAR v Yau Kai Fung [2026] HKCA 885 brings welcome clarity to how courts should sentence offenders trafficking in more than one type of dangerous drug.

For over a decade, sentencing courts faced with a “cocktail” or combination of drugs were guided by HKSAR v Chan Yuk Leong (CACC 318/2013), which set out “three check tests”, namely absurdity test, conversion test and ratio test, to cross-check whether the upward adjustment to the starting point was excessive. In practice, these tests are complicated, time-consuming, and computationally heavy.

In reviewing the utility of the “three check tests” under the structured sentencing approach set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, the Court of Appeal accepted the Appellant’s submissions in large, and held that:

(1) The “three check tests” can be complicated and has had “a tendency to displace, rather than merely support” the determination of a starting point by the individual or combined approaches: at §28;

(2) Among the “three check tests”, the ratio test is “more readily aligned with the present framework …” and is “less complex... and more precise and structured than the absurdity test”: at §§39, 41;

(3) In light of the structured approach in Herry Jane Yusuph and the revised guidelines in Huang Ruifang (No 3), the absurdity and conversion tests “no longer serve any useful or principled purpose”: at §42. 

(4) The Appellant’s appeal against sentence was allowed, with the notional starting point reduced from 8 years to 7 years 4 months: at §47.

Practical Takeaway

Practitioners and the Court no longer have to go through the heavy computation under all three check tests in sentencing cases involving “cocktail” drugs. Only the ratio test survives, and only as a secondary cross check. 

The judgment is here: https://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=181232&currpage=T

Mr. Franco Kuan and Ms. Manalie Chan acted for the successful appellant. 

See Manalie’s profile here: https://www.plowmanchambers.com/team/manalie-chan