HKSAR v. Yip Cheung Sum

HCCC 371/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 371 OF 2016

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

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COURT:

The defendant, Yip Cheung-sum, was charged with one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134.

He pleaded guilty before me and was duly convicted after admitted to the Summary of Facts.

The Summary of Facts disclosed that on 19 April of this year, 2016, at the taxi stand of the restricted area of Lok Ma Chau Spur Line, the defendant and another male were intercepted by the police.

Upon search, two packets of suspected dangerous drugs which were later confirmed to be 145.2 grammes of a crystalline solid containing 138.7 grammes methamphetamine hydrochloride, with an estimated street value of $43,996, were found tucked inside the defendant’s underpants.

The defendant was arrested and under caution, he claimed he had nothing worth saying as he was caught red-handed. During a video-recorded interview conducted later, the defendant gave details of how he met a man named “Ah Wah” and became engaged in carrying dangerous drug from Futian to Hong Kong. He was promised a reward of $1,500, and he was intercepted by the police. The man who walked with him had nothing to do with the dangerous drug.

Background and mitigation

The defendant is 56 years of age. He was educated up to Form 2. He had worked as an apprentice chef, a real estate agent, and a GoGo Van driver. He was unemployed when he lost his license in 2016 and relied on CSSA. He committed the present offence due to financial difficulties. The defendant was married three times but all ended up in divorce. He had three children out of the three marriages. The youngest one is a daughter aged 8. The defendant is not a man with a clear record. On five previous occasions, he had a total of six convictions. Only one of them, in 2004, related to possession of dangerous drugs. He was sentenced to a DATC on that occasion. The other offences were not drug related.

In mitigation, the defence counsel, Ms Lai submitted that the defendant is remorseful and had pleaded guilty. She asked on behalf of the defendant for a lenient sentence.

Offences involving dangerous drugs are serious particularly when the trafficking of dangerous drugs is involved. A person convicted on the indictment of trafficking in a dangerous drug is liable to a fine of $5 million and to life imprisonment.

The Court of Appeal had set down guidelines for trafficking of ‘Ice’ in the case of HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. The quantity of ‘Ice’ involved in this case is 138.7 grammes. Trafficking between 70 to 300 grammes of ‘Ice’, the starting point is between 11 to 15 years. Bearing in mind the circumstances of the offence, I am of the view that a starting point, that is an appropriate sentence for a first offender for this offence before the consideration of either aggravating or mitigating factors, is one of 12 years.

The case involved cross border trafficking so an enhancement is called for. After considering the case of HKSAR v Chung Ping Kun CACC 85/2014, I am of the view that an enhancement of 6 months is appropriate here. The defendant is not a man of clear record. However, I would not enhance the starting point in view of his criminal record. The defendant has pleaded guilty before me and I will give him the full one-third discount. There are no other grounds to further reduce the sentence.

So for the offence of trafficking in a dangerous drug, the defendant is sentenced to 8 years and 4 months’ imprisonment.