HKSAR v. Yuen Cheung Ming, Leon

HCCC 25/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 25 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 after trial on one count of trafficking in a dangerous drug.

The Particulars of Offence provide that on 26 August 2014 at Ma Tin Pok, Kiu Hing Road, Yuen Long, New Territories, in Hong Kong, the defendant unlawfully trafficked in a dangerous drug, namely 119 grammes of a crystalline solid containing 117 grammes of methamphetamine hydrochloride, commonly known as the ‘Ice’ drug.

The facts emerged during the trial revealed that at around 1.45 pm on 26 August 2014, police officers were patrolling in the Ma Tin Pok area in Yuen Long. The defendant was seen near a white Toyota and a blue BMW car. The defendant told one of the officers, PC33627, that both cars belonged to him. PC33627 searched the white Toyota car in the defendant’s presence.

Upon search, a blue plastic bag containing a transparent ziplock plastic bag which in turn contained 117 grammes of the ‘Ice’ drug (with a street value of about $50,694) was found underneath the driver’s seat.

By way of personal background, the defendant is 40 years of age. He was born in Hong Kong. He has received education up to secondary level. At the time of his arrest, the defendant was a self-employed decoration worker, having been previously employed as an automotive technician. The defendant is married, but I am told that his wife had left him some time ago. He lived alone.

The defendant has 11 previous convictions, one of which is for possession of dangerous drug recorded in 2010. I am told that the defendant is a filial son and his parents are aged and of ill-health. But as has been said by the courts on many previous occasions, personal and family circumstances of a defendant offers little by way of mitigation in a serious case of drug trafficking, which calls for a deterrent sentence.

The dangerous drug involved in this case is 117 grammes of methamphetamine hydrochloride, commonly known as the ‘Ice’ drug. In HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, it was held by the Court of Appeal that for trafficking in between 70 grammes and 300 grammes of the ‘Ice’ drug, the proper starting point for sentence after trial should be 11 to 15 years’ imprisonment.

In my view, based on the quantity of the dangerous drug involved, the proper starting point for sentence should be 11 years and 9 months’ imprisonment.

The defendant is convicted after trial. There being no mitigating factor warranting a discount in sentence, the defendant is accordingly sentenced to 11 years and 9 months’ imprisonment.