HKSAR v. Chow King Fai

HCCC 526/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 526 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 to one count of trafficking in a dangerous drug. The dangerous drug involved in this case is a total quantity of 3.01 kilogrammes of a mixture, containing 2.39 kilogrammes of cocaine.

The defendant was born in Hong Kong and he is now 34 years old. He is single and has no criminal record. He had completed diploma level of education and worked as a warehouse assistant before his arrest.

On 23 July 2014 at about 10.53 in the evening, Customs officers intercepted the defendant at the Arrival Hall of Hong Kong International Airport. The cocaine was found in the defendant’s suitcase.

In his cautioned interview, the defendant admitted that someone called “Ah Yi” has given him the cocaine in Cambodia and he brought the drugs to Hong Kong for a reward of HK$5,000.

Trafficking in dangerous drugs is a very serious offence. People who committed this offence will inevitably face a substantial term of imprisonment. The length of the imprisonment depends mainly on the nature and quantity of the dangerous drugs involved.

For trafficking in cocaine, this court should follow the tariff laid down by the Court of Appeal in The Queen v Lau Tak Ming [1990] 2 HKLR 370; and also HKSAR v Abdallah [2009] 2 HKLRD 437.

Under Abdallah, for trafficking in cocaine of a quantity between 1.2 kilogrammes and 4 kilogrammes, a starting point of 23 to 26 years’ imprisonment should be adopted. In this case, the quantity involved is 2.39 kilogrammes. Following the tariff, I should adopt a starting point of 24 years and 3 months’ imprisonment.

In the present case, the defendant imported the cocaine into Hong Kong, and as rightly acknowledged by Mr McGuinniety, this is an aggravating factor.

Following HKSAR v Chung Ping Kun CACC 85/2014, the enhancement should be 2 years imprisonment. The heavy sentence imposed for this kind of offence is for deterrence purpose. Previous good character should carry little weight for consideration of the sentence. The only mitigating factor in this case is the defendant’s guilty plea.

In the circumstances, the appropriate sentence, if convicted after trial, is 26 years and 3 months’ imprisonment. Given the one-third discount for the defendant’s guilty plea, the sentence is reduced to 17½ years’ imprisonment.