HKSAR v. Lee Chung Hang, Sunny

HCCC 305/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 305 OF 2015

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

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COURT: Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance.

You admitted that on 29 January 2015 at the Public Transport Interchange, Ground Floor, Sun Yuen Long Centre, Yuen Long, you unlawfully trafficked in 1,227 grammes of a powder containing 840 grammes of ketamine.

On the date and location as stated in the charge, at about 10 pm, you were observed to be sitting the driver’s seat of a light goods vehicle which was parked at the interchange. Police officers approached the vehicle and searched the vehicle. The drugs were found in eight plastic bags under the left armrest of the driver’s seat. You were arrested and cautioned after which you stated, “Being in debt I have courier ‘K Chai’ for someone. Ah Sir, give me a chance”.

The seized drugs had an estimated retail value, at the time of the seizure, of $154,602.

In a video-recorded interview with you, you said that as you had borrowed money from a person called “Tai Hau” you were in debt to the sum of some $200,000. Tai Hau then offered you to make quick money by delivering the ketamine to which you would be rewarded $1,000 for each place. On that day you were arrested while waiting for the customers.

You are 23 years of age and are of clear record. You have been educated up to Form 5. Since leaving school you worked as a construction site worker and a driver.

Mr Tommy Ho, your counsel, has reiterated what you said in your video-recorded interview after arrest in that the reason why you have committed this offence was because you were in debt to the tune of $200,000. You had incurred this debt, I am informed, because by surprise your girlfriend had become pregnant and you required further sums. It was Tai Hau who lent you the $200,000 and he had given you the opportunity to repay the loan by trafficking in these drugs.

At the time of the offence you were a goods vehicle driver earning $12,000 a month. You are single and have a twin brother and reside with your mother and step-father.

I accept that you pleaded guilty at the earliest opportunity. You did so before the magistrate and were committed to the Court of First Instance for sentence.

Mr Ho has correctly referred to the case of Hii Siew Cheng as the tariff guideline case for trafficking in the drug ketamine.

The amount of drugs that you were trafficking in amounted to 840 grammes. That falls within the category of 600 to 1,000 grammes to which a sentence of 12 to 14 years’ imprisonment is an appropriate starting point had you been convicted after trial.

I accept that in imposing a sentence for trafficking it is not an arithmetic exercise. Your counsel has asked this court to impose a sentence of 12 years’ imprisonment which is at the lowest end of that category.

One of the important factors for sentencing in trafficking in dangerous drugs is to take into account the quantity of the drugs involved.

In the circumstances of this amount in this case I am unable to accede to Mr Ho’s request to start at such a low starting point.

Defendant, had you been convicted after trial, I would have imposed a sentence of 13 years’ imprisonment.

Giving you full credit for your plea of guilty, that term shall reduce to 8 years and 8 months’ imprisonment to which you shall so serve.