COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug.
The Summary of Facts revealed the following. The defendant was intercepted by police officers on 9 February 1999, outside his residence in Sham Shui Po. A body search was conducted. Police officers found 19 plastic bags containing 16.59 grammes of ‘Ice’ on his trousers pocket. The defendant was then arrested. The defendant now admits that the ‘Ice’ in question was for the purpose of trafficking.
Soon after his arrest, the defendant decided to abscond. It was recorded on the court record that the defendant had failed to report to Sham Shui Po Police Station since 21 September 1999. A warrant of arrest was issued on 19 January 2000. The defendant had, since then, managed to avoid the apprehension of the police. In all likelihood, the defendant left Hong Kong for China for it was revealed that the defendant had been recently diagnosed with lung cancer in China.
Three medical reports had been produced during the course of his mitigation. The most detailed and useful one is the one dated 14 February 2017. It was prepared by a consultant, the Chief of Service of the Queen Elizabeth Hospital. Dr Lai detailed the medical history of the defendant after his admission to the Queen Elizabeth Hospital. The defendant was found to have possible carcinoma of the right lung with elevated carcinoembroyonic antigen.
The latest report from the Department of Clinical Oncology of the Queen Elizabeth Hospital confirms the diagnosis of lung cancer and that the resident doctor also informs this court that the defendant is receiving, at present, palliative chemotherapy.
Unfortunately, all the reports, as well as counsel for the defendant, are not able to inform this court the possible prognosis of the disease. Given the above and the advance in medical science, it is not possible for me to predict or speculate the likelihood of any outcome. As such, the defendant will be sentenced on the basis of a normal defendant. In the case of rapid deterioration, I am sure the Commissioner of Correctional Services will exercise his good judgment in accordance with the established procedures.
The sentencing guideline applicable in this case is the Attorney General v Ching Kwok Hung [1991] Vol 2 HKLR 370. The sentence for trafficking in 16 grammes of ‘Ice’ should be slightly over 7 years’ imprisonment. Bearing in mind what I have said so far, a starting point of 7 years will be adopted. Because of his absconding record, only a 25 per cent discount will be given.
For the offence the defendant stands convicted, he is sentenced to 63 months’ imprisonment.