HKSAR v. Cheung Chi Yuen

HCCC 179/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 179 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The defendant has pleaded guilty before me to one count of trafficking in a dangerous drug, namely, 11.91 kilogrammes of a solid containing 10.25 kilogrammes of cocaine.

On 27 November 2013, the defendant was intercepted at the arrival hall of Hong Kong Airport, having arrived from Abu Dhabi. He was seen collecting a black suitcase and when he was intercepted, in answer to a question from Customs officers, he said the suitcase belonged to him, but he did not have a key to unlock the suitcase.

The suitcase was forced open and inside the suitcase were three carpets and a black rucksack. Each of the three carpets contained compartments and when the compartments were cut open, they contained transparent plastic bags containing white powder substance. Inside the black rucksack was also found another transparent plastic bag containing white-coloured powder.

Under caution, the defendant said that the suitcase belonged to someone called ‘Ah Man’ and that he would receive $25,000 to take it to Hong Kong. The plastic bags were subsequently examined and the contents were subsequently examined by the Government Chemist and the drugs in the amount of the count in the indictment were found.

In a cautioned recorded interview subsequently, the defendant admitted that he was to receive $25,000 reward for bringing the suitcase back to Hong Kong and delivering it to someone called ‘Ah Kei’. He said he was provided with an air ticket, US$1,300 and a mobile phone on 19 November 2013. In Abu Dhabi, he was given the suitcase by Ah Man and the defendant was told to take it back to Hong Kong to Ah Kei.

The price of the cocaine found on the defendant sold at street level in November 2013 came to a total amount of HK$16.912 million.

The defendant is aged 40 and has a clear record. It is clear from the letters that I have received via his solicitors that his friends and family consider him very kind-hearted, hard-working and a filial son. As Mr Lo submitted in mitigation, his fall this time into crime was due to his economic circumstances. He had failed in his restaurant business and, being the sole breadwinner, was anxious to earn money to look after his family and his 7-year-old son. His brothers and sisters also speak highly of him.

As Mr Lo correctly pointed out, the mitigation in this case is really his plea of guilty. It has been pointed out by the Court of Appeal that a clear record of a defendant in serious drug cases does not constitute a mitigation, nor do family circumstances, because the court has to protect society in Hong Kong from harm and the grave harm that this 10.25 kilogrammes of cocaine can wreak on Hong Kong society is unimaginable. We are an international city and the number of flights coming in and out of Hong Kong is numerous every day. The Customs officers have a hard time actually trying to stop the importation of drugs into Hong Kong.

Mr Lo has said everything he can possibly say on behalf of the defendant.

The Court of Appeal in the case of Abdallah [2009] 2 HKC 197, laid down guidelines as to trafficking in the dangerous drug cocaine in large amounts. It is recommended that for 4,000 to 15,000 grammes of cocaine, the reasonable sentence would be in the range of 26 to 30 years. So 10.25 kilogrammes would bring it within the starting point of 28 years’ imprisonment.

The Court of Appeal in Abdallah also said that an aggravating factor would be an international element and in this case, the defendant was importing the drugs from Abu Dhabi to Hong Kong. A sentence of not less than 2 years is recommended.

I therefore consider that an appropriate sentence in this case is one of 28 years’ starting point plus 2 years to take into account the international element.

The total sentence of 30 years is reduced by the one-third that the defendant should get for his plea. So he will go to prison for 20 years.