HKSAR v. Lee Hong Wai, Frankie

HCCC 447/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 447 OF 2014

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

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COURT: You have pleaded guilty to a single offence of trafficking in dangerous drugs and have admitted the facts.

That offence involved 20.04 grammes of crystalline solid containing 18.97 grammes of methamphetamine hydrochloride, commonly referred to as “Ice”.

The facts which you accept are as follows, in brief. At about 1250 hours on 22 February 2014, police raided Room 632 of the Harbour Plaza 8 Degrees Hotel, 199 Kowloon City Road, To Kwa Wan.

In that room they found you and a female. A search revealed a plastic box inside your black suitcase containing 20.04 grammes of crystalline solid containing 18.97 grammes of “Ice” in a bag; a bag containing a shovel and two spoons with traces of methamphetamine; a bag of 64 resealable plastic bags; a bag of 89 resealable plastic bags; and one electronic scale in working order.

Police also seized from you $6,289.30, and a notebook with written records from your suitcase.

Arrested and cautioned, you said, “The ‘Ice’ is for my own consumption and I will sometimes share it with friends. The girl is not involved and she knows nothing.”

In a video-recorded interview under caution, you stated the following:

(i) You rented the room for $900 per night. You checked in on 21 February and were required to check out the next day.

(ii) The “Ice” was bought from a friend, “Ah Pui”, five to six days earlier, for $3,000 to $4,000.

(iii) You gave the dangerous drugs to seven to eight friends free of charge.

(iv) You were unemployed.

(v) The $6,289.30 seized from you was borrowed from friends.

(vi) In the notebook you recorded the money and the “Ice” your friends borrowed from you, and also the debts you owed to friends.

(vii) You are a drug abuser, and the girl knew nothing of the dangerous drugs.

The street value of the “Ice” - and I do note that this, from experience, is the price one would get from smaller amounts broken down - was $8,958, and that was in February of 2014.

You are a man of hitherto good character. I am told that you largely agree with the antecedents statement except for the section dealing with your personal relationship. You are 37 years of age, educated to Form 7 in Canada. At the time of the offence you were unemployed and of no fixed abode. Your parents are still alive, and you have three brothers.

Now, I understand the corrected position as put before me by Mr Chang is that your girlfriend is an ex‑girlfriend, with whom you have one child aged 2½. You are generally of good health, but a long-term abuser of “Ice” and heroin.

On your behalf, Mr Chang advanced mitigation. He told me that you are Hong Kong born, but the family had moved to Canada when you were 9, where you had been educated. Your father remained here to pursue a business in gas appliances. You graduated from Form 7 in Canada and pursued menial jobs before moving back to Hong Kong when you were about 24 to help in the family business. That business involved the repair and fitting of gas appliances, as I understand it.

After about five years, that business was expanded to encompass electrical equipment also. You took a further qualification and worked at repairing electrical goods also. This business lasted until approximately 2010. After that, you and your second elder brother established an electrical and gas company.

Around 2011, you met the girlfriend, who soon became your Common Law wife, if I may put it that way, and a child was born; a son. Unfortunately, that lady was addicted to drugs and addicted to “Ice”, and you became involved also. In 2012 your son was born. Your girlfriend, or Common Law wife, if I may put it that way, was not maternalistic and did not look after the son properly. It was left to you to do so. This led to problems with your working career, and you were basically sacked from work.

At some stage, I understand you believed that your girlfriend was having an affair. You moved your son to your mother, and you resided in cheap hotels. By this time you were taking drugs and sharing those drugs with your girlfriend. I understand that between you, you took something like 0.5 grammes a day of “Ice”, and you bought from the dealer you referred to in your statement, the man called “Ah Pui”. You bought 1 ounce of “Ice” for $3,000 to $4,000. What was discovered in the hotel room was the remnants of that, and it was intended part of this would be used by yourself for self-consumption.

I am told that whilst technically at this stage you were unemployed, you were working part-time as a driver and in a nightclub, and receiving assistance from your mother and savings.

Whilst you admit that part of the drugs had been shared, you maintain that a substantial proportion would have been used for self‑consumption. I do note what Mr Fenton has said in reply to that.

Mr Chang has placed before me six letters. I have taken the positive comments in those letters into account. I do not intend to go through each and every one.

This being approximately 19 grammes of “Ice”, the range is 7 to 10 years. I was referred to various authorities by Mr Chang referring to situations where part of the drugs are for self‑consumption. Again, the principles are well understood and well applied.

I would say at this point I do accept that you were going to consume part of the drugs yourself. I will make an allowance for that.

I come to sentence. I do take into account that you are a man of hitherto clear character. You are 37 years of age, and this is the first time you have been in trouble. That must be weighed in the balance. I do note that you have been at pains to exonerate the lady who was in the hotel bedroom with you from any blame in this, and that is to your credit. I note that you seem to have led a very positive and worthwhile life until recently, when you became involved with drugs. This led to the situation that you are in today.

As to the sentence itself, the normal starting point I would have adopted would have been one of 7 years and 3 months. However, given the self-consumption aspect of this case, I reduce that to 6 years and 6 months.

Whilst your plea of guilty was not at the first available opportunity, I will give you the full one-third discount.

You will go to prison therefore for 52 months. That is 4 years and 4 months.