HKSAR v. Lam Hor Wai also known as Lam Hor Wai Bobby

DCCC 66/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 66 OF 2016

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Reasons for Sentence

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1.The defendant has pleaded guilty today to one charge of trafficking in a dangerous drug.

2.On 5 October 2015, at Customs Departure Hall at the Hong Kong-Macau Ferry Terminal, the defendant unlawfully trafficked in a dangerous drug, namely, 22.6 grammes of a solid containing 20.5 grammes of cocaine.

3.On that day at about 9 pm, the defendant passed through the Immigration E-channel intending to depart Hong Kong for Macau.  A Senior Customs officer some moments after the defendant passed through the Immigration channel stopped and questioned the defendant.  When he did that, the defendant tried to run away.  He was very quickly subdued.

4.The defendant was then searched and, upon search, a plastic bag containing all the cocaine was found at the right knee area inside the defendant’s trousers.

5.Under caution, the defendant admitted the offence.  He admitted that he knew the drugs in the bag was cocaine and that he had been offered $4,000 to deliver that cocaine to Macau.  He had picked it up that evening and went straight to the Macau Ferry Terminal.

6.The estimated street value of that cocaine was $24,000.

7.The defendant is only 20 years old.  He will be 21 this July. 

8.He is not a man with a clear record.  He has three previous convictions.  In 2011, for fighting in a public place, he was sentenced to a probation order.  He was in breach of that probation order and was re-sentenced to a rehabilitation centre order.  For his second and third convictions in May 2013, he was convicted of acting as a member of a triad society as well as being a member of a triad society.  He was sentenced for those two offences to a rehabilitation centre order.

9.The defendant’s plea today is his best mitigation.

10.I have been told in mitigation that he comes from a single-parent family.  He has lived with his father since he was 9 and when his parents divorced.  Because his father obviously had to work to earn a living, he was left often to fend for himself.  His father is here today to support the defendant.

11.The defendant left school at Form 2, meaning he has no real formal education.  He certainly has no proper employment to speak of.  Clearly, the defendant went off the rails.  He hung out in and with no supervision in dubious places such as Internet cafes and amusement games centres.  In these places, he mixed with bad peers.  Clearly, he got involved with triads and now he has been caught trafficking dangerous drugs. 

12.Sadly, at a very young age, the defendant has hit rock bottom, but it is not too late to try and break this cycle of antisocial dangerous behaviour and lifestyle.  If the defendant wants to live a long and healthy life and not spend his life in and out of prison, then he has to realise he must be determined to start afresh when released from this sentence.

13.The defendant can learn a trade or engage in some educational training whilst he is serving this sentence.  My advice to the defendant is:  do not waste this time.

14.Trafficking cocaine has guidelines set out by the Court of Appeal.  I have to consider the authority of R v Lau Tak Ming [1990] 2 HKLR 370.  The Court of Appeal has said there, where between 10 to 50 grammes is trafficked, a sentence of between 5 to 8 years is appropriate.

15.Here, mathematically speaking, 20.5 grammes is 5 years and 9 months’ imprisonment. 

16.The defendant’s role here is one of a drug courier.  That role, exporting drugs and at a young age are not factors that will attract leniency.  Masterminds cannot run their illegal trafficking business without drug mules like the defendant.

17.Defendant, please stand up.

18.In coming to an appropriate starting point, I take into account your plea, the facts of the case, the quantity and nature of the dangerous drug, mitigation put forward, and the fact that you have a criminal record but no drug-related convictions.

19.Having considered all those factors relevant, I will take for this offence a starting point of 5 years and 3 months’ imprisonment.

20.You pleaded guilty.  You are entitled to a discount of one-third.

21.After that discount is applied, for this offence you are sentenced to 3 years and 6 months’ imprisonment.

COURT: Do you understand that sentence?

DEFENDANT: Understood.