HKSAR v. Li Kin Wing

HCCC 87/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 87 OF 2017

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

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COURT: Defendant, on 13 March 2017, you pleaded guilty to two charges before the magistrate at the Eastern Magistracy. As a result of your pleas of guilty, you were committed to the Court of First Instance for sentence.

The 1st charge to which you pleaded guilty to was a charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. The offence was trafficking in 646.93 grammes of a solid and a powder containing 608.08 grammes of cocaine, 6.555 litres of a liquid containing 8.35 grammes of cocaine and 0.26 grammes of powder containing 0.24 grammes of cocaine hydrochloride. This offence was committed on 4 June 2016 at Room B, 20th Floor, Chi Ping Building, 38 Hau Wo Street, Kennedy Town.

The 2nd charge is one of possession of dangerous drugs, contrary to section 8(1)(a) and (2) of the same ordinance. At the same location and on the same date, you possessed the drugs unlawfully of 8.15 grammes of a crystalline solid containing 7.94 grammes of methamphetamine hydrochloride, 130 tablets and 2 tablet fragments containing 2.08 grammes of methamphetamine.

At about half past midnight on the 4 June 2016, customs officers intercepted you at the lobby on the Ground Floor of Chi Ping Building. Upon search, keys were found in the right pocket of your trousers. When asked about these keys, you replied they were for your home which was on the 20th Floor of that building. You then led the officers to Room B on the 20th Floor and they gained access to Room B with the keys seized from your person.

A search of the room found the drugs as stated in Charge 1 and 2. Many other exhibits were found in the room which show that this room was used for making or cooking drugs. Just as an example of these were beakers, a kitchen sieve, a metal spoon, a pair of tongs. Also found amongst the items were two inhaling devices for drugs. Again, another item was a cooker containing traces of cocaine.

You were arrested and, under caution, you said that the cocaine would be distributed and you would receive a monetary reward for that. You said that the inhaling devices found in the room were for taking ‘Ice’.

The retail value of the seized drugs was estimated to be $769,603.96 for the cocaine and cocaine hydrochloride at the time of seizure and the estimated retail value for the seized methamphetamine and methamphetamine hydrochloride was about $3,478.20 at the time of seizure.

Defendant, you are now 38 years of age. You were born in Hong Kong. You have one previous conviction for possession of dangerous drugs in 1998, now almost 19 years ago. You have attained lower secondary education. I am informed that you are addicted to amphetamine. That explains why there were the inhaling devices for amphetamine in those premises.

Your counsel, Mr Alex Ng, has mitigated on your behalf and I have taken into account what he has had to say for you. I have also read the letter written by your five sisters. You are the only and youngest son in your family. Your parents are now aged 69 and 78. I am told that they are suffering from typical elderly issues.

It appears to me here that, as Mr Ng has said, you were led into the commission of these offences by a friend who is dependent on drugs. You succumbed to the temptation of making fast money in trafficking in these drugs. It appears that you had in fact managed to stay out of trouble for almost 20 years.

It is disappointing to see that you succumbed to trafficking and particularly to such very large amounts. In fact, as I said to Mr Ng, the premises were in fact premises used for making dangerous drugs, or at least cooking dangerous drugs. The premises, I am informed, had no bed. Therefore this was not your home but was premises specifically for the manufacture of drugs.

This was no small operation, it was a huge operation, involving almost a million dollars worth of drugs. I am informed by Mr Ng that you were there for the purposes of trafficking in the drugs and took no role or part in the manufacture of these drugs. On that basis, you have been charged for trafficking and you shall be sentenced for trafficking and not manufacturing dangerous drugs.

The guidelines are set down by the Court of Appeal and Mr Ng has correctly referred to that of Abdallah as the guideline for trafficking in such large amounts of cocaine. That is the case Abdallah Anwar Abbas [2009] 2 HKLRD 437. The guideline starting points for traffickers, after trial, of amounts between 600 to 1,200 grammes is a term of 20 to 23 years’ imprisonment.

Defendant, in the 1st charge, you were trafficking in 616.67 grammes of cocaine. Therefore, I take a starting point of 20 years’ imprisonment. The strongest and only mitigating factor is your early plea of guilty before the magistrate and on that basis, you warrant a full one-third discount. There are no further mitigating factors such as to reduce that term and there are no aggravating factors in this case. I would not regard your conviction of possession some 19 years ago as an aggravating factor.

In the circumstances, on Charge 1, giving you the full one-third discount, you shall be sentenced to 13 years and 4 months’ imprisonment.

In respect of Charge 2, that was for possession of dangerous drugs, you had in your possession just over 10 grammes of ‘Ice’. Had you been convicted after trial, I would have taken a starting point of 12 months’ imprisonment.

Giving you full credit for your plea of guilty, I shall reduce that term by one-third, to which you shall be sentenced to 8 months’ imprisonment.

That term shall run concurrent to Charge 1, making a total term to which you shall serve to be one of 13 years and 4 months’ imprisonment.