HKSAR v. Chong Chau Ying

HCCC 234/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 234 OF 2015

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

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COURT: The defendant has been convicted on her own plea of one charge of trafficking in a dangerous drug. The plea was entered at the earliest opportunity at the Eastern Magistrates’ Court on 5 June 2015.

The Particulars of Offence provide that on 3 December 2014, at the Lok Ma Chau Control Point, New Territories in Hong Kong, the defendant unlawfully trafficked in a dangerous drug, namely 996 grammes of a crystalline solid containing 890 grammes of methamphetamine hydrochloride.

The Summary of Facts which has been admitted by the defendant provides, inter alia, that in the afternoon on 3 December 2014, the defendant was intercepted when she was passing the “Green Channel” at the Lok Ma Chau Control Point, New Territories in Hong Kong, upon her arrival into Hong Kong from Shenzhen. When being asked to surrender her cosmetic bag for inspection, the defendant refused, saying that the bag was very important.

The cosmetic bag was finally inspected and was found to contain a Ziploc bag containing 996 grammes of a crystalline solid containing 890 grammes of methamphetamine hydrochloride, commonly known as the 'Ice' drug.

Arrested and cautioned, the defendant admitted those were 'Ice' and that she was supposed to deliver the 'Ice' drug to a park in Mongkok, and a male known as “Shing Gor” would give her $3,000 as a reward.

As in December 2014, the retail value of the 'Ice' drug seized in this case was estimated to be around HK$435,252.

In the Summary of Facts, the defendant admitted that she was trafficking in the 'Ice' drug.

By way of personal background, the defendant is 48 years of age. She was born in China in July 1967. The defendant came to Hong Kong in 1972. She has received education up to Form 4 level in Hong Kong. The defendant has a 25-year-old daughter. The defendant was separated from her husband in the year 2000. The defendant had worked as a waitress for some 20 years until 2011, when she became an assistant at a mah-jong parlour. I am told that she became addicted to dangerous drugs in 2011.

The defendant has one criminal conviction which is not related to dangerous drugs. That conviction was recorded on 6 January 2015, thus the defendant had a clear record at the time of the present offence.

In mitigation, Mr Henry Ma submitted on the defendant’s behalf that she is remorseful, as demonstrated by her early guilty plea at the Magistrates’ Court. I was also urged to take into account that she had a clear record at the time of the present offence.

I was told that at the time of the present offence, the defendant was depressed because she was under investigation for the offence of cruelty to animal, her pet dog. She was saddened and depressed. At the time, “Shing Gor”, as mentioned in the Summary of Facts, asked her to help him carry the drugs for a promised reward of $3,000. Foolishly, she agreed.

The dangerous drug involved in the present case is 996 grammes of a crystalline solid, containing 890 grammes of methamphetamine hydrochloride. The offence was committed on 3 December 2014, ie, after the Court of Appeal had handed down its Judgment in the case of HKSAR v Tam Yi Chun [2014] 3 HKLRD 691 on 9 June 2014, which sets out revised tariffs for trafficking in the 'Ice' drug.

In the Tam Yi Chun case, the Court of Appeal held that for trafficking in amounts of 600 grammes and over of the 'Ice' drug, the proper tariffs to be imposed after trial are the same tariffs as are prescribed in HKSAR v Abdallah [2009] 2 HKLRD 437 for those quantities of heroin. In the Abdallah case, it was held by the Court of Appeal that for trafficking in between 600 to 1,200 grammes of heroin, the guideline starting point after trial should be 20 to 23 years’ imprisonment.

In my view, based on the quantity of the narcotic involved (890 grammes of methamphetamine hydrochloride), the proper initial starting point for sentence in the present case should be 21 years and 5 months’ imprisonment.

The defendant was caught trying to have the drug in question brought from Shenzhen, China into Hong Kong. The initial starting point of 21 years and 5 months’ imprisonment should be enhanced by 1 year and 6 months for the international element in the present case [see: HKSAR v Abdallah,Supra, at paragraphs 42 and 43, and HKSAR v Chung Ping Kun [2014] 6 HKC 106].

This would take the starting point up to 22 years and 11 months’ imprisonment.

I shall give the defendant a full one-third discount for her guilty plea, which was tendered at the first opportunity at the Magistrates’ Court.

The defendant is accordingly sentenced to 15 years and 3 months’ imprisonment.