HKSAR v. Fong Chun Pong

HCCC 258/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 258 OF 2016

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

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COURT: Mr Fong, you have pleaded guilty to one count of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drug Ordinance, Cap 134, and you stand formally convicted of that charge.

The Statement of Facts has been read out to you and you have accepted the facts therein. In summary, you were arrested on 25 June, 2015 as a result of an anti-narcotics operation which was carried out on the Tai Ping Estate on 23 June of that year.

During that operation, a minor was arrested and found to be in possession of three resealable plastic bags containing what was found to be 121.9 grammes of ‘Ice’. He told the police that he was delivering the drug for you and the dangerous drug found upon him were ultimately found to have your fingerprints upon them, there were also text and voice messages on his phone from you.

At the time of your arrest, however, you denied any involvement. By your plea, you now accept that the drugs came from you and were being delivered to others at your request. The street value of those drugs, Mr Fong, was HK$48,906.

You are 37 years of age, single and live with your father and elder brother.

You have a number of matters on your criminal record dating back to March 1992, and including and up to, November of 2011. You were last discharged from prison on 9 March 2013. But they are predominantly matters of dishonesty. They are not concerned with dangerous drugs and I am therefore not going to take them into account for the purposes of sentence today.

The relevant sentencing guideline for the offence of trafficking in ‘Ice’ is HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in between 70 and 300 grammes of ‘Ice’, the sentencing range is between 11 and 15 years. For trafficking in 121.9 grammes of ‘Ice’, the starting point after trial is therefore 11 years and 9 months.

Mr Fong, the trafficking of dangerous drugs is a very serious offence and it has been aggravated in this case by the fact that you used a minor to take the risks of your criminal enterprise, for which he must also now receive a substantial sentence of imprisonment. You have ruined his life as you have been complicit in the ruining of lives of those who bought drugs from you. Deterring others from doing as you have done and from using the young in criminal activities is very important.

Under section 56A(2) of the Dangerous Drugs Ordinance, Cap 134, I have the power to enhance the sentence I pass upon you as an adult when there is information the commission of the offence by the adult also involves a minor, and I intend to exercise that power.

In the context of this case where the minor was 17 years of age and taking into account everything that counsel has said on your behalf, I enhance the starting point of 11 years and 9 months by 1 year to 12 years and 9 months.

Whilst I have heard your personal circumstances, in the face of such a serious offence, there is nothing which has been said upon your behalf which would warrant a more lenient course than would otherwise be the case.

You will receive a one-third discount for your plea of guilty and so the sentence which I pass upon you today is therefore one of 8 years and 6 months’ imprisonment.