HKSAR v. Chan Kit Ling

HCCC 440/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 440 OF 2014

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

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COURT: This defendantpleaded guilty to one count of trafficking in dangerous drugs. This was 1,010.12 grammes of a crystalline solid containing 951.31 grammes of methamphetamine hydrochloride, commonly referred to as “Ice”.

The facts which were admitted by the defendant showed that she was stopped and searched as she arrived in Hong Kong through the Lok Ma Chau Control Point. In a plastic bag which she was carrying was found an opened packet of potato crisps which held two plastic film wrapped packages.

When one was opened, a plastic bag with suspected dangerous drugs was revealed. When asked what the substance was the defendant said it was “Ice”. The other packet was opened. It contained a similar bag. The accused, when questioned, said that packet also contained “Ice”. She said that she helped someone to deliver it.

The left-rear pocket of her trousers revealed a further packet containing three plastic bags containing a substance. The defendant said they were “Ice” also.

Later analysis by the Government Chemist described the substance as being 1,019.12 grammes of a crystalline solid containing 951.31 grammes of methamphetamine hydrochloride.

The dangerous drugs had an estimated retail value of $575,818.94.

The defendant admits and accepts that she was trafficking in dangerous drugs.

The defendant was born in China on 15 August 1963 and is 52 years old. She completed lower secondary school. She was unemployed at the time of the arrest. She is married. I am instructed by her counsel that she has no children. She was living in Mei Lam Estate, Sha Tin. She claimed to be a drug abuser. That is borne out by her record.

The defendant has previous convictions for assorted immigration offences between 1984 and 2001. She had one theft conviction in 1995. In 2002 she was convicted of possession of dangerous drugs. In 2007 there were further convictions for possession of dangerous drugs and possession of equipment. In 2007 she was convicted of two counts of trafficking in dangerous drugs and was sentenced to 16 months’ imprisonment on one charge and 4 years on the other. The sentences were concurrent.

In mitigation, Mr Poon advised that his client has had explained to her the guidelines, the question of the enhancement of sentence for importation, and he pointed out that his client has given two non-prejudicial statements which are currently being investigated with a possible result that the defendant may give evidence at some stage later against a mastermind in relation to the drug operation. However, that is sometime in the future, and I propose to deal with the sentencing now.

The extended guidelines for sentencing for trafficking in “Ice”, of the quantity over 600 grammes appeared in HKSAR v Abdallah Anwar Abbas [2009] 2 HKC 197.

The total narcotic quantity in this case is 951.31 grammes, so the quantity is in the band of 600 grammes to 1200 grammes. That quantity indicates there should be a sentence in the range of 20 to 23 years’ imprisonment.

Here, the only factor of mitigation is the defendant’s plea of guilty. Given the narcotic quantity, the sentence should be nearer the top of the range, and I adopt a starting point of 21 years.

As the defendant was bringing these drugs into Hong Kong, it is appropriate the sentence be enhanced for the importation factor on the basis of HKSAR v Chung Ping Kun CACC 85/2014.

I add one year for the importation factor, which makes a sentence of 22 years before discount for plea. I will give the full one-third discount and sentence the defendant to 14 years 8 months’ imprisonment.

(Discussion re Abdallah guidelines not required)

I will correct the last remark relating to increased guidelines.

This case occurred before the judgment in HKSAR v Tam Yi Chun was handed down on 9 June 2014. The date of the offence here is 1 June 2014.

Accordingly, the guidelines that should be followed are the Ching Kwok Hung guidelines which state that for over 600 grammes the sentence should range from 18 years upwards.

Here, the only factor of mitigation is the defendant’s plea of guilty, and given the narcotic quantity, the sentence should be higher than 18 years. I adopt a starting point of 20 years. As the defendant was bringing these drugs into Hong Kong it is appropriate that the sentence be enhanced for the importation on the basis of HKSAR v Chung Ping Kun (supra).

I add one year for the importation factor, which makes a sentence of 21 years before discount for plea. I will give the full one-third discount and sentence the defendant to 14 years’ imprisonment.