A HCCC 420/2024 A
[2026] HKCFI 892
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 420 OF 2024
D ----------------- D
HKSAR
E E
v
F F
Lau Hing
G ------------------ G
Before: Hon Andrew Chan J
H Date: 5 January 2026 at 10.20 am H
Present: Ms Grace Au, SPP(Ag) of the Department of Justice, for
I
HKSAR I
Mr David A S Khosa, instructed by Chan Lawyers,
assigned by DLA, for the accused
J Offence: (1) Dangerous driving (危險駕駛) J
(2) Obstructing police officers (阻撓警務人員)
K (3) Trafficking in a dangerous drug (販運危險藥物) K
---------------------------------
L Transcript of the Audio Recording L
of the Sentence in the above Case
---------------------------------
M M
COURT: The defendant has pleaded guilty to one count of
N dangerous driving, contrary to section 37 of the Road N
Traffic Ordinance; one count of obstructing police officers,
contrary to section 36(b) of the Offences Against the Person
O Ordinance; and one count of trafficking in a dangerous drug, O
contrary to section 4 of the Dangerous Drugs Ordinance. He
is committed to this court for sentence.
P P
In the evening on 22 July 2023, the defendant illegally
Q stopped his car at Tong Ming Street, Tseung Kwan O. When Q
police officers approached the defendant’s car with a view
to issue a traffic ticket, the defendant tried to flee the
R scene. The rear mirror of his car hit one of the police R
officers, causing an abrasion on his hand.
S S
The defendant drove away at high speed and disobeyed traffic
lights. He managed to escape and was out of the police
T sight for a while. The speed was so high that ultimately, T
the defendant crashed his car into one lamppost at Po Hong
Road with its windscreen completely broken and airbag
U inflated. The defendant was found lying on the ground and U
CRT23/5.1.2026/CSY 1 HCCC 420/2024(2)/Sentence
V V
A sustaining multiple injuries. He was then taken to hospital A
by ambulance.
B A search of the defendant’s car yielded 21.52 grammes of B
methamphetamine hydrochloride. The street value of the
methamphetamine was estimated to be over HK$12,000.
C C
The defendant is now 31, educated up to Form 2 level. Prior
D to his arrest, he worked as a warehouse attendant, making D
$15,000 a month. And the defendant has 12 criminal records,
including multiple offences. In particular, he has one
E trafficking in a dangerous drug, one assaulting police E
officer and one dangerous-driving record.
F F
Right. I first deal with the more serious one, ie Count 3.
A starting point for trafficking in 21.52 grammes of
G methamphetamine based on quantity alone would be one of G
7 years and 9 months’ imprisonment. Without further
evidence pointing to otherwise, the defendant will be
H treated as a simple courier at the night. This, as pointed H
out, is not his first trafficking record. As such, the
I
sentence will be increased by 6 months to one of 8 years and I
3 months’ imprisonment. After a plea, the sentence is
therefore reduced to one of 66 months’ imprisonment.
J J
As to the 1st count of, right, dangerous driving, this is
his second conviction according to the criminal record. He
K was fined $2,500 and disqualified for 6 months in respect of K
his first conviction in November 2024. The offence day was
L 10 July 2023, a date pre-dated the present case. It was L
only 12 days before the present case. Right. This time, it
was a much more serious dangerous driving. Right. The
M defendant drove not only in high speed but also disobeyed M
traffic light and crashed seriously onto a lamppost. So he
was driving in complete disregard of the safety of other
N road users, be they the pedestrians or other vehicle N
drivers. His manner of driving posed a dangerous and
O significant risk to the safety of other road users. O
Fortunately, on this occasion, no other road user was
injured.
P P
Because of the defendant’s frequent disregard of traffic
regulations, the starting point for this dangerous driving
Q Q
would be fixed at 9 months’ imprisonment. After a plea, the
sentence is reduced to 6 months’ imprisonment. It is
R ordered that the defendant be disqualified for a period of R
5 years from holding or obtaining a driving licence after he
is released from prison.
S S
As stated in the Summary of Facts of the first conviction,
the defendant was dangerously driving on that occasion. He
T T
was crossing a double white line and was driving on the
opposite lane of the road in question. On this occasion, as
U mentioned, traffic lights and traffic markings were only, in U
CRT23/5.1.2026/CSY 2 HCCC 420/2024(2)/Sentence
V V
A my view, optional to the defendant. They were all A
meaningless to the defendant. As such, it is further
ordered that the defendant be disqualified until he has
B passed the driving test again. B
As to the obstruction charge, this again is his second
C C
record, the last one in 2010, assaulting a police officer
under the same provision of the same ordinance. Given the
D minor injuries sustained by the police officer, the starting D
point on this occasion would be one of 3 months’
imprisonment. On a plea, the sentence is reduced to
E 2 months’ imprisonment. E
After a careful consideration of the circumstances of the
F F
case, in particular, the manner in which the three offences
were committed, it is ordered that all sentences are to run
G consecutively to each other, thus making a total of G
74 months’ imprisonment. For the three counts of offences
that the defendant stands convicted, he is therefore
H sentenced to a total of 74 months’ imprisonment. H
I I
I/we certify that to the best of my/our ability
J J
and skill, the foregoing is a true transcript of
the audio recording of the above proceedings.
K K
L ............................................... L
Chan Shuk Ying Susanna
Date: 14 January 2026
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT23/5.1.2026/CSY 3 HCCC 420/2024(2)/Sentence
V V
### 案件基本資料
- 案件名稱:HKSAR v Lau Hing
- 法院:高等法院原訟法庭 (CFI)
- 法官:Andrew Chan
- 判決日期:2026年1月5日
### 案情摘要
被告於2023年7月22日晚在將軍澳非法停車。當警員欲開罰單時,被告企圖逃離,導致車鏡刮傷一名警員。被告隨後高速駕駛並無視紅燈,最終撞向電燈柱導致自身受傷。警方隨後在車內搜獲約21.52克甲基苯丙胺(冰毒),街價逾12,000港元。被告此前已有12項刑事紀錄,包括販毒、襲警及危險駕駛。
### 核心法律爭議
本案涉及三項罪名的 sentencing 考量:(1) 違反 Road Traffic Ordinance 第37條的危險駕駛;(2) 違反 Offences Against the Person Ordinance 第36(b)條的阻撓警務人員;(3) 違反 Dangerous Drugs Ordinance 第4條的販運危險藥物。核心爭議在於如何根據藥物數量及被告的 criminal record 決定適當刑期。
### 判決理由
法官採取分項分析:對於販毒罪,根據藥物數量設定 starting point 為7年9個月,因被告有前科而增加6個月,經 plea 減刑後定為66個月。危險駕駛方面,因其完全無視道路安全且有前科,starting point 定為9個月,經 plea 減刑後定為6個月。阻撓警務人員罪則定為2個月。由於三項罪行之性質,法官裁定所有刑期 consecutively(連續)執行。
### 引用案例與條文
未有特別引用
### 裁決與命令
被告被判處總共 74 個月監禁。此外,被告在出獄後被取消駕駛執照 5 年,且必須重新通過駕駛考試方可領回執照。
### 判決啟示
本案強調了對於具有多次同類前科(recidivism)的被告,法官在設定 starting point 時會向上調整,且在多項罪名併發時,若情節嚴重可採取 consecutive sentences 而非 concurrent sentences。
---
### 免責聲明
本摘要由人工智能自動生成,內容可能存在錯誤或遺漏,僅供參考,不構成法律意見。如需法律建議,請諮詢合資格律師。### Case Details
- Case Name: HKSAR v Lau Hing
- Court: Court of First Instance (CFI)
- Judge: Andrew Chan
- Date of Judgment: 5 January 2026
### Factual Background
The defendant illegally parked in Tseung Kwan O. While police attempted to issue a ticket, he fled, injuring an officer with his car mirror. He drove at high speed, ignored traffic lights, and crashed into a lamppost. A subsequent search of his vehicle revealed 21.52 grams of methamphetamine. The defendant had 12 prior criminal records, including drug trafficking and dangerous driving.
### Key Legal Issues
The court had to determine the appropriate sentences for three counts: dangerous driving (s.37 Road Traffic Ordinance), obstructing police officers (s.36(b) Offences Against the Person Ordinance), and trafficking in a dangerous drug (s.4 Dangerous Drugs Ordinance), considering the defendant's extensive criminal history.
### Ratio Decidendi
The judge applied a starting point based on drug quantity (7 years 9 months), increased it due to prior trafficking records, and applied a reduction for the guilty plea. For dangerous driving, the starting point was 9 months due to the high risk posed to the public. For obstruction, the starting point was 3 months. The judge ordered the sentences to run consecutively given the circumstances.
### Key Precedents & Statutes
None prominently cited
### Decision & Orders
The defendant was sentenced to a total of 74 months' imprisonment. He was also disqualified from driving for 5 years post-release and must retake the driving test to regain his license.
### Key Takeaways
The judgment illustrates the court's approach to recidivism, where prior convictions lead to an upward adjustment of the starting point and the application of consecutive rather than concurrent sentences.
---
### Disclaimer
This summary is AI-generated and may contain errors or omissions. It is for reference only and does not constitute legal advice. Please consult a qualified lawyer for professional legal advice.
A HCCC 420/2024 A
[2026] HKCFI 892
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 420 OF 2024
D ----------------- D
HKSAR
E E
v
F F
Lau Hing
G ------------------ G
Before: Hon Andrew Chan J
H Date: 5 January 2026 at 10.20 am H
Present: Ms Grace Au, SPP(Ag) of the Department of Justice, for
I
HKSAR I
Mr David A S Khosa, instructed by Chan Lawyers,
assigned by DLA, for the accused
J Offence: (1) Dangerous driving (危險駕駛) J
(2) Obstructing police officers (阻撓警務人員)
K (3) Trafficking in a dangerous drug (販運危險藥物) K
---------------------------------
L Transcript of the Audio Recording L
of the Sentence in the above Case
---------------------------------
M M
COURT: The defendant has pleaded guilty to one count of
N dangerous driving, contrary to section 37 of the Road N
Traffic Ordinance; one count of obstructing police officers,
contrary to section 36(b) of the Offences Against the Person
O Ordinance; and one count of trafficking in a dangerous drug, O
contrary to section 4 of the Dangerous Drugs Ordinance. He
is committed to this court for sentence.
P P
In the evening on 22 July 2023, the defendant illegally
Q stopped his car at Tong Ming Street, Tseung Kwan O. When Q
police officers approached the defendant’s car with a view
to issue a traffic ticket, the defendant tried to flee the
R scene. The rear mirror of his car hit one of the police R
officers, causing an abrasion on his hand.
S S
The defendant drove away at high speed and disobeyed traffic
lights. He managed to escape and was out of the police
T sight for a while. The speed was so high that ultimately, T
the defendant crashed his car into one lamppost at Po Hong
Road with its windscreen completely broken and airbag
U inflated. The defendant was found lying on the ground and U
CRT23/5.1.2026/CSY 1 HCCC 420/2024(2)/Sentence
V V
A sustaining multiple injuries. He was then taken to hospital A
by ambulance.
B A search of the defendant’s car yielded 21.52 grammes of B
methamphetamine hydrochloride. The street value of the
methamphetamine was estimated to be over HK$12,000.
C C
The defendant is now 31, educated up to Form 2 level. Prior
D to his arrest, he worked as a warehouse attendant, making D
$15,000 a month. And the defendant has 12 criminal records,
including multiple offences. In particular, he has one
E trafficking in a dangerous drug, one assaulting police E
officer and one dangerous-driving record.
F F
Right. I first deal with the more serious one, ie Count 3.
A starting point for trafficking in 21.52 grammes of
G methamphetamine based on quantity alone would be one of G
7 years and 9 months’ imprisonment. Without further
evidence pointing to otherwise, the defendant will be
H treated as a simple courier at the night. This, as pointed H
out, is not his first trafficking record. As such, the
I
sentence will be increased by 6 months to one of 8 years and I
3 months’ imprisonment. After a plea, the sentence is
therefore reduced to one of 66 months’ imprisonment.
J J
As to the 1st count of, right, dangerous driving, this is
his second conviction according to the criminal record. He
K was fined $2,500 and disqualified for 6 months in respect of K
his first conviction in November 2024. The offence day was
L 10 July 2023, a date pre-dated the present case. It was L
only 12 days before the present case. Right. This time, it
was a much more serious dangerous driving. Right. The
M defendant drove not only in high speed but also disobeyed M
traffic light and crashed seriously onto a lamppost. So he
was driving in complete disregard of the safety of other
N road users, be they the pedestrians or other vehicle N
drivers. His manner of driving posed a dangerous and
O significant risk to the safety of other road users. O
Fortunately, on this occasion, no other road user was
injured.
P P
Because of the defendant’s frequent disregard of traffic
regulations, the starting point for this dangerous driving
Q Q
would be fixed at 9 months’ imprisonment. After a plea, the
sentence is reduced to 6 months’ imprisonment. It is
R ordered that the defendant be disqualified for a period of R
5 years from holding or obtaining a driving licence after he
is released from prison.
S S
As stated in the Summary of Facts of the first conviction,
the defendant was dangerously driving on that occasion. He
T T
was crossing a double white line and was driving on the
opposite lane of the road in question. On this occasion, as
U mentioned, traffic lights and traffic markings were only, in U
CRT23/5.1.2026/CSY 2 HCCC 420/2024(2)/Sentence
V V
A my view, optional to the defendant. They were all A
meaningless to the defendant. As such, it is further
ordered that the defendant be disqualified until he has
B passed the driving test again. B
As to the obstruction charge, this again is his second
C C
record, the last one in 2010, assaulting a police officer
under the same provision of the same ordinance. Given the
D minor injuries sustained by the police officer, the starting D
point on this occasion would be one of 3 months’
imprisonment. On a plea, the sentence is reduced to
E 2 months’ imprisonment. E
After a careful consideration of the circumstances of the
F F
case, in particular, the manner in which the three offences
were committed, it is ordered that all sentences are to run
G consecutively to each other, thus making a total of G
74 months’ imprisonment. For the three counts of offences
that the defendant stands convicted, he is therefore
H sentenced to a total of 74 months’ imprisonment. H
I I
I/we certify that to the best of my/our ability
J J
and skill, the foregoing is a true transcript of
the audio recording of the above proceedings.
K K
L ............................................... L
Chan Shuk Ying Susanna
Date: 14 January 2026
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT23/5.1.2026/CSY 3 HCCC 420/2024(2)/Sentence
V V