HKSAR v. Chiu Lam Kwan

HCCC 331/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 331 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 been convicted after trial by the jury of the offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You were found to have been trafficking 13.9 grammes of a crystalline solid containing 13.6 grammes of methamphetamine hydrochloride otherwise known as ‘Ice’. The offence occurred on 2 February 2015 at your home at Mei Yue House, Shek Kip Mei Estate, Shek Kip Mei.

Your antecedents says that you are now aged 64 years of age. You have 23 previous convictions: 11 are related to drugs; 2 are similar in that they are for trafficking in dangerous drugs; 6 are related to possession of dangerous drugs. It appears that you have been a drug dependent for many years. In your antecedents it says you have been dependent for 49 years. I am informed that you are married but have long separated with your wife who is in China and you now have a cohabitant.

Mr Whitehouse has correctly said that for trafficking in dangerous drugs, the Court of Appeal have laid down guidelines, or tariffs, for the drug ‘Ice’. Because you committed this offence in 2015, the new tariffs for sentencing in trafficking for ‘Ice’ is applicable. The guideline case is that of HKSAR v Tam Yi Chun CACC 524/2011. The amount of drugs you trafficked in falls in the bracket of between 10 and 70 grammes which attracts a sentence after trial of 7 to 11 years’ imprisonment.

Defendant, there is nothing in this case that deserves a reduction from the starting point I am going to take. Your age or ill-health is not a mitigating factor. These were not drugs in your possession for your consumption, and as regards aggravating factors which would increase the starting point, the aggravating factor would be one of having similar previous convictions. However, in this case I will not enhance your starting point because the similar offence was committed many years ago. In fact, your last conviction for a drug offence was some 14 years ago.

Defendant, for trafficking in this quantity of ‘Ice’ and following the guidelines in Tam Yi Chun, you shall be sentenced to a term of 7 years’ imprisonment.