HKSAR v. Yip Wai Choi, Wallace

HCCC 161/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 161 OF 2017

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

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COURT:

Defendant, you pleaded guilty to a charge of trafficking in dangerous drugs before a magistrate at the Eastern Magistracy on 15 May 2017. You admitted that on 3 November 2016, at the Customs Arrival Hall, Lo Wu Control Point, New Territories, you unlawfully trafficked in 1,959 grammes of a crystalline solid containing 1,908 grammes of methamphetamine hydrochloride.

On 3 November, at about 6.40 am, you had arrived in Hong Kong from China at the Lo Wu Control Point. Your bag that you were carrying was searched and found inside were the drugs as mentioned in the charge contained in two plastic bags.

The drugs, as at November 2016, that were seized had an estimated retail value of around $656,265.

From the movement records, it shows that you had departed Hong Kong the day before at 7.38 pm and then returned early in the morning.

Defendant, you are 49 years of age. You have 13 previous convictions on six separate occasions. One related to drugs in 1990, you had been convicted of possession of dangerous drugs and fined $5,000. Defendant, you have studied up to Form 3. You are divorced and have three children, two from your ex-wife and now one, from your girlfriend. Your child who is 5 years old and girlfriend are both present in court. Your girlfriend has written a letter to this court which I have taken into account. This reflects that you are a caring, good father and husband to her and your son.

Mr Roderick Wu, your counsel, has made full mitigation on your behalf. He states that the reason why you committed this offence was because you had incurred gambling debts of some $17,000. You met up with a friend who said that if you trafficked in these drugs, the full extent of the gambling debt would be set off and you would also be given a financial reward. As you wanted to earn quick money in order to solve your problems and get some reward as you were in financial difficulties, you accepted this invitation.

You have certainly shown your remorse from your early plea of guilty and you say that you are prepared to accept the consequences in view of the very serious nature of this offence.

The trafficking guidelines for ‘Ice’ are set down in the case of Tam Yi Chun. However, in view of the large quantity of ‘Ice’ involved, as stated in Tam Yi Chun, the guidelines set down in Abdallah are to be followed. In Abdallah, for amounts between 1,200 grammes to 4,000 grammes, would be a term of imprisonment of between 23 to 26 years had he been convicted after trial.

Given the quantity that you were trafficking in, in the amount of 1,908 grammes of methamphetamine hydrochloride, the appropriate sentence, had you been convicted after trial, would have been one of 23 years and 9 months’ imprisonment.

In this case, there is an aggravating factor calling for the enhancement of the starting point as you had imported these drugs from Mainland China to Hong Kong. For this international element, as it is commonly referred to, I therefore enhance your sentence by 2 years. Therefore, the sentencing point had you been convicted after trial would have been one of 25 years and 9 months’ imprisonment.

You have pleaded guilty at the earliest opportunity and, therefore, a one-third discount is warranted.

In the circumstances, you shall be sentenced to 17 years and 2 months’ imprisonment.