HKSAR v. Lee Wa Shing

HCCC 343/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 343 OF 2016

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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 15 February 2016, outside Lok Cheung House, Tsz Lok Estate, Tsz Wan Shan, you unlawfully trafficked in 984 grammes of a solid containing 656 grammes of cocaine.

On that day, shortly before midnight on 15 February, you were seen outside Tsz Lok Estate, acting suspiciously. Police officers stopped and searched you. Inside the rucksack which was carried by you, the officers found the drugs as stated in the charge in three separate plastic bags. You were arrested and under caution, you stated, “Those three bags of ‘K Chai’ were to be delivered to other people by me for ‘Ah Lai’. I intended to earn $2,000 to help out”.

In a subsequently held video-recorded interview, you stated that you became acquainted with Ah Lai at a bar in Shenzhen on 14 February 2016. Ah Lai had offered a job to you to deliver ketamine. He gave you a mobile phone for contacting him. You contacted Ah Lai and you were instructed to collect these three packets of ketamine from Choi Fook Estate at Kowloon Bay. You were then told by Ah Lai to deliver these drugs, ketamine, to Tsz Lok Estate. However, you were eventually arrested. You had not received the reward from Ah Lai. You were supposed to receive the reward in Shenzhen upon successful delivery of the drugs.

The estimated street value of the drugs was $125,952.

You are 21 years of age and have a clear record. You have received education up to Secondary 4 level in Hong Kong. At the time of the commission of this offence, you were working as a part-time warehouse assistant earning a monthly salary of $8,000. Your family comprises of four sisters and your parents. Your two elder sisters lived apart but the remaining members of the family lived together in Kwai Shing Circuit.

Your counsel, Mr Chan Chung, has made very detailed mitigation on your behalf. He has submitted to me 14 letters of support, mostly written by your immediate family and extended family members, your previous employer and also two letters written by yourself.

Mr Chan has filled in the gaps, so to speak, as to why you became involved in this offence. In summary, you committed this offence for monetary purposes. You were under a tight budget, having to contribute towards your parents who are receiving CSSA. You wanted to assist your girlfriend who was having medical issues and expenses and she lived in China. In those circumstances, you tried to earn quick, fast money.

It is telling from you own letter how you realise how foolish you were. You have great family support. They all speak warmly and lovingly for you. You clearly have impressed your former employer who says your work performance was very good. It is from your letter, I can see that you have not so much as pleaded to me for leniency but that you are ready and psychologically prepared to serve what you know will be a sentence of imprisonment. I am able to tell, not only from your letter but from your early plea of guilty at the committal stage, that you are deeply remorseful. As expressed in your letter, you are deeply sorry for disappointing and hurting your family.

What is encouraging to me is that you realise that during the time that you will be serving your term of imprisonment, that you will be given a chance to mend your ways and take time to study. I do hope that what you say is sincere as, if you do what you say you will, I am confident that, as you say, you will then come out to contribute to the society in future and be together with your family for a serene life.

Defendant, as Mr Chan, your counsel, has pointed out, the sentencing guidelines for trafficking in ketamine, is clearly laid down by the Court of Appeal. The leading case is that of Hii Siew Cheng.

You fall within the bracket of 600 to 1,000 grammes which attracts a starting point of 12 to 14 years’ imprisonment after trial. You were trafficking in 656 grammes of ketamine; had you been convicted after trial, I would have taken a starting point of 12 years’ imprisonment.

Giving you full credit for your plea of guilty, that term should be reduced to one of 8 years’ imprisonment to which you shall so serve.