HKSAR v. Wu Chun Kit

HCCC 162/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 162 OF 2017

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REASONS FOR SENTENCE

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1.The defendant pleaded guilty to trafficking in a dangerous drug at the earliest opportunity in the Magistracy on 15 May 2017. He was committed to the Court of First Instance for sentence. His early plea entitles him to a full one third discount from the starting point for sentence.

2.The defendant has admitted that on 18 November 2016 he unlawfully trafficked in a dangerous drug, namely 37.1 g of a crystalline solid containing 32.7 g of methamphetamine hydrochloride, commonly known as Ice, by bringing the drugs into Hong Kong at the Lo Wu Control Point.  The estimated retail value of the drugs at the time of the offence was $12,435.20.

3.The defendant was intercepted by customs officers as he came through customs clearance.  His belongings were scanned which revealed the presence of a dangerous drug.  He was then searched and a packet was found inside his underwear.  The packet consisted of four plastic bags containing the drugs in question.  He was arrested and cautioned.  At that stage he denied knowledge of the drugs but admitted that a person called “Ah Ming” gave him the drugs in mainland China and asked him to deliver them for a fee of $500 and to take them to a location at a rubbish bin in Sheung Shui Station.  In a subsequent video recorded interview, he added that Ah Ming was a mainlander whom he met on the day of his arrest and had no means to contact him, and that after some discussion he eventually agreed to deliver the drugs to Hong Kong for a fee of $500.

4.The defendant is 42 years of age and married.  He has a son who is 19 years of age and has graduated in mainland China as an interior designer.  Both his parents are alive, although his father is of poor health, and he contributes to his parents’ wellbeing by making a monthly payment of $4,000.  He was educated up to lower secondary school level and at the time of his arrest he was employed as a casual decoration worker.  He has no prior convictions.  It is surprising that a person who has hitherto not been in trouble with the law before comes before the courts for the first time for such a serious offence. 

5.Mr Jonathan Kwan, counsel for the defendant, has very ably mitigated on the defendant’s behalf and has set out in some detail his background and circumstances.  The defendant comes across as a decent person who has recently through family pressures and the influence of bad friends taken up consuming Ice.  This led him to meeting the person who he identified as Ah Ming who arranged him to bring the drugs into Hong Kong.  Mr Kwan explained that the defendant met Ah Ming through a friend who he consumed Ice with when they went to the Mainland.  He informs me that at the time he committed the offence he had been consuming Ice.  The defendant had been promised by Ah Ming that he would receive $500 and drugs to consume for making the delivery. 

6.I have had submitted to me two letters.  One from the defendant who has expressed his remorse for what he has done.  He also stated that he has joined a Christian group whilst in custody and he is keen to rehabilitate himself and lead a law abiding life in the future.  The second letter comes from a minister of the Christian group who confirms the defendant’s participation in the group and commitment to change his ways and rehabilitate himself.  I have carefully considered the information and material submitted to me which I accept and will be as leniently as I possibly can when passing sentence on the defendant.

7.According to the sentencing guideline cases of AG v Ching Kwong Hung [1991] 2 HKLR 125 and HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, for trafficking in Ice, a starting point for a quantity of 32.7 g of Ice within the indicated tariff band is 8 years and 6 months’ imprisonment.  There is also an international element due to the fact that the defendant brought drugs into Hong Kong from mainland China.  As provided by HKSAR v Abdallah Anwar Abbas [2009] 2 HKC 197 and HKSAR v Chung Ping Kun, CACC 85/2014, 2 July 2014, this warrants an enhancement on the defendant’s sentence of 2 months’ imprisonment.  This brings the starting point to 8 years and 8 months’ imprisonment.  As I have indicated, I will take into account the fact that the defendant has not been in trouble with the law before and deserves to be treated leniently bearing in mind the mitigation that has been presented on his behalf.  I will adopt a starting point of 8 years’ imprisonment. 

8.As the defendant is entitled to a full one third discount, I will reduce his sentence to 5 years and 4 months’ imprisonment. 

Mr Andrew Cheng, SPP of Department of Justice, for HKSAR

Mr Jonathan Kwan, instructed by Pang Wan & Choi, assigned by Director of Legal Aid, for the defendant