HKSAR v. Ip Mun Fung

HCCC 424/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 424 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 was charged with one count of trafficking in a dangerous drug. He pleaded to this offence which involves about 50-odd grammes of cocaine. The defendant also admitted the prosecution’s summary of facts.

What had transpired in this case was simply that on the date in question the police had mounted an anti-narcotic operation inside a building in Yuen Long. Later, they intercepted the defendant who went into a room on the 1st floor of Block C of the building. A search was conducted and the officer found drugs in the defendant’s trousers’ pocket, and later, drugs were also discovered on the computer desk inside the unit. And from inside the unit, the police seized a pair of scissors, plastic bags, electronic scale and papers which appeared to be records of drug trafficking activities.

Furthermore, a total of about $35,000 was seized from the defendant’s wallet and a drawer in the unit. Under caution, the defendant admitted that he owned these drugs which would be sold for money.

According to the police estimation, the total amount of cocaine seized on this occasion would be worth about HK$70,000.

The defendant is now 20 years old. He was born in the mainland and settled in Hong Kong in 2002. He had received education here in Hong Kong up to form two level. He has a few previous convictions and had been sentenced to probation, detention centre, and also DATC.

Mr Marray in his mitigation told this court that the defendant was born in China and came to Hong Kong at a young age. Unfortunately, his parents got divorced and he himself failed to catch up with school work. He started to work early and he was influenced by bad peers and became a drug addict himself. Mr Marray said the defendant claimed that some part of the drugs seized was for his own consumption, but the defendant was not able to say exactly how much. Mr Marray asked this court to consider the defendant’s background and accept that he was a drug dependent. But on this, the defence would not call evidence to further substantiate. Mr Marray asked this court to form its own assessment.

Considering the information before this court, it is hard to reach the conclusion that any significant part of the seized drugs would be for self-use. The defendant was clearly running the place for drug packaging and distribution. Therefore, even if this court accepts the defendant was a drug dependent, the part of drugs for so‑called self-use would be a very small amount.

The starting point for this amount of cocaine shall be 8 years. I will grant the one-third discount as the defendant had pleaded guilty at an early stage. That would reduce the term to 5 years and 4 months. Accepting that some small part of the drugs was possibly for the defendant’s self-use, I am prepared to adjust the sentence down to 5 years. Apart from that, I do not see any further factors to reduce the sentence.

The defendant is still relatively young and yet he has already been to all the major correctional institutions for rehabilitation. Obviously, the defendant did not make sufficient effort to change.

Now the defendant is facing a longer term of imprisonment. I hope he would have a serious reflection on his past deeds and think if he wants to continue his life of drug consumption and drug trafficking.

If you are determined to change, I think it is not too late to start a new life. So, 5 years.