HKSAR v. Wong Yu Fai

HCCC 83/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 83 OF 2015

-----------------

------------------

---------------------------------

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

---------------------------------

COURT: Defendant, you have been found guilty after trial by the jury of an offence of unlawfully trafficking in a dangerous drug, and that offence is contrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance.

It has been found that on 4 November 2014, at Lok Man Sun Chuen, 160 Kau Pui Lung Road, To Kwa Wan, you unlawfully trafficked in 19.7 grammes of a crystalline solid containing 19.3 grammes of methamphetamine hydrochloride otherwise a drug commonly known as ‘Ice’.

On the day in question at about 7.15 pm, police officers found you loitering at the staircase, intercepted you, searched your briefcase and found in your briefcase the dangerous drugs. The jury found that you were in possession of these drugs for the purposes of trafficking.

You are 30 years of age, a young man with a clear record. At the time of this offence you were 28 years of age. You have been in gainful employment since you left school in 2002 when you completed form five. I have taken into consideration the fact that since leaving school you have enrolled yourself in courses, and most recently in a diploma course as a technician in air‑conditioning works. I am informed that you were married last year in November and your wife is expecting the birth of your child next month.

As your counsel Mr Cheng rightly pointed out, the sentence tariffs for trafficking in dangerous drugs in Hong Kong have been laid down by the Court of Appeal. Trafficking is a very serious offence and warrants immediate terms of fairly lengthy terms of imprisonment.

The tariff case to which the courts in Hong Kong are guided in sentencing for trafficking in the drug ‘Ice’ is known as HKSAR v Tam Yi Chun. The Court of Appeal laid down in that case that if a person traffics in ‘Ice’ of between 10 and 70 grammes, then a sentence to imposed after trial would be one of between 7 to 11 years’ imprisonment.

As Mr Cheng also rightly pointed out, there is no mitigating factor in your case. The fact that you are a first offender is not a factor which the court takes into account for this very serious offence of trafficking in dangerous drugs. Neither are factors such as your wife giving birth to your child imminently, or that you will not be able to see your child in the very near future. I note, however, in this case there are no aggravating factors.

Defendant, taking the quantity of drugs which you were trafficking in, that is the narcotic purity of 19.3 grammes of ‘Ice’, and following the guidelines in Tam Yi Chun you are sentenced to 7 years and 6 months’ imprisonment.