HKSAR v. Lam Chung Hung

HCCC 317/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 317 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 pleaded guilty to one count of trafficking in a dangerous drug, namely 608 grammes of a solid containing 598 grammes of methamphetamine hydrochloride. The facts disclosed that the defendant, obviously being used by these evil drug traffickers, had post a parcel on 28 January last year at the FedEx station. Inside the parcel were three cans of alleged bamboo shoot preserved in liquid.

Customs officers intercepted the defendant as he was leaving the FedEx station and the defendant was in possession of an airway bill issued by the FedEx in relation to this parcel. Customs officers opened one of the cans inside the parcel and found that the liquid, which was inside the cans, emitted a chemical smell, and upon testing there was a positive reaction to methamphetamine hydrochloride. The defendant was cautioned and he admitted that he knew the cans contained ‘Ice’ and he was told to mail it to a person in Australia for a reward of HK$2,000.

The cans were examined by the Government Chemist, and the liquid in the cans upon drying was found to contain the amount of drug which is the subject matter of the charge.

The estimated retail value of the drugs is in the region of HK$698,275.

The defendant is aged 20 now, but at the time of the offence he was 19 years old. He has a clear record.

It is clear, and I do accept, that the defendant was used by these drug traffickers to send the parcel. It is obvious from the packaging that these drugs were very professionally packaged.

I also accept Miss Yip’s mitigation that the defendant is a young person who tried his best to help his family when his father committed suicide. From the letters submitted by Miss Yip from his mother and the Salvation Army and the District Councillor, it is apparent that the defendant is regarded as a good person and a responsible young man. It is unfortunate that he was targeted by these nefarious drug traffickers at the time when his will was weakened.

But I am comforted by the fact that the defendant has a supportive family. It is clear that the defendant is lucky in the sense that his very first criminal activity has woken him up, and according to Miss Yip he is ready to better himself whilst in prison to acquire a skill so that when he leaves prison he will be able to find work and support his mother.

I do not agree with the defendant considering himself worthless. It is only because you made a mistake and you do have to pay for that mistake. But if you do pick yourself up and acquire a skill whilst in prison, you are not a worthless person. And I think your mother would be comforted and so will your siblings be comforted to know that you have that intention.

My hands are tied because the Hong Kong Government, the authorities, Customs and Excise and police are fighting a constant losing battle in the war against drugs. But, of course, with the prospect of easy money, they do manage to tempt the young and old people, to participate in these drug activities. And these drugs, when it is spread amongst the community either in Hong Kong or overseas would cause a lot of tragedies in families. So the courts have to take a firm stance, and that is why the Court of Appeal has laid down guidelines for sentencing in trafficking of dangerous drugs.

As Miss Yip correctly pointed out, the latest guideline is that for trafficking in between 300 to 600 grammes of methamphetamine would warrant a sentence of 15 to 20 years’ imprisonment as a starting point. This is in the case of the HKSAR v Tam Yi Chun CACC 524/2011.

Miss Yip has also very helpfully submitted the case of HKSAR v Chung Ping Kun CACC 85/2014 where the Court of Appeal very helpfully suggested guidelines as to the level of enhancement where the trafficking involves an international element. It was suggested that the level of enhancement for between 500 and 1,000 grammes, will be anywhere from one year to two years.

So having considered the facts in this case and the authorities, I consider that an appropriate starting point is this case will be between 19 to 20 years’ imprisonment. I will take the lesser, which is 19 years as a starting point in this case, and I will enhance it by one year for the international element, thus giving us a total of 20 years. And giving the defendant the full one-third discount, the sentence is reduced to 13 years and 4 months.

If the defendant really behaves himself in prison, then he would get a further discretionary discount from the Commissioner of the Correctional Services as well.

So the defendant is sentenced to 13 years and 4 months.