HKSAR v. Lau Tsz Wai

HCCC 125/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 125 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 pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

You have admitted that on 10 November 2014, at the Lok Ma Chau Control Point in the New Territories, you unlawfully imported into Hong Kong dangerous drugs, namely 994.90 grammes of a crystalline solid containing 984.10 grammes of methamphetamine hydrochloride, otherwise known as ‘Ice’.

On that day in question you departed Hong Kong at 1.24 am and approximately three hours later you returned at 4.11 am at the Lok Ma Chau border. In your possession strapped to your legs and concealed in a power socket you were carrying were the dangerous drugs as mentioned in the charge.

When you were arrested and cautioned, you admitted that the solid found was a dangerous drug although you did not know the type. You said you were to receive a reward of between four to five thousand dollars for bringing the drugs into Hong Kong but had not yet received the money.

Following your arrest you had cooperated with the Customs authorities and took part in a controlled delivery but no one turned up.

The street value of the drugs seized was $386,954.90.

You are 19 years of age and are of clear record. You have attained secondary 3 level education in Hong Kong. You are single and living with your family members in Tuen Mun. Ms Priscilia Lam, your counsel, has mitigated on your behalf and has urged this court to be as lenient as possible given your cooperation with the Customs and, of course, your plea of guilty.

Ms Lam has referred me to the proper authorities in respect of the guidelines in sentencing in trafficking in this amount of ‘Ice’ being that in HKSAR v Abdallah, and has also asked me to take into account mitigation which warrants a further discount. She has referred to the case of HKSAR v Jardin Rodela Maningas CACC 278/2011.

Ms Lam has informed that you had previously been working as a warehouse staff worker, but due to the nature of the job you quit and became unemployed shortly before the commission of this offence. In view of your financial constraints and out of a momentary greed you agreed to help your primary school friend Ah Keung to bring these drugs into Hong Kong for an award of between four to five thousand dollars.

Your father has also written a letter to this court explaining how you were led into the commission of this offence, and principally it is as a result of you mingling with undesirable peers that you were influenced and made this terrible mistake.

I accept that you are a courier. However, your young age or clear record are not mitigating factors.

Defendant, in following the guidelines in Abdallah, for the quantity of 984.10 grammes of ‘Ice’ had you been convicted after trial I would have imposed a sentence of 22 years’ imprisonment.

There was an aggravating factor in this case in that you were bringing or importing these drugs into Hong Kong and that calls for an enhancement of the starting point. In those circumstances, I enhance the sentence by 2 years to make a sentencing starting point of 24 years’ imprisonment.

Your greatest mitigating factor is your plea of guilty. You will be given the usual one-third discount for your plea of guilty, and the further mitigating factor which you should be given credit for is your assistance in assisting the Customs and Excise in the controlled delivery.

Taking these factors into account, the resulting sentence to which you shall be sentenced to is one of 14 years’ imprisonment.