The Queen v. Lo Kwong-hing

CACC001437B/1983

BETWEEN

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Coram: Hon. Yang, Silke and Barker JJ.A.

Dates of hearing: 10th and 24th October, 1984.

Date of judgment: 24th October, 1984.

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J U D G M E N T

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Yang, J.A. :

1. In this case the 2nd Applicant LO Kwong-hing was convicted of trafficking in a dangerous drug and sentenced to ten years' imprisonment; and possession of a dangerous drug for the purpose of unlawful trafficking therein and sentenced to seven years' imprisonment.

2. When the hearing of the application came before us, we were informed that the Applicant was prepared to render substantial assistance to the authorities. We therefore adjourned the case to allow him the opportunity of rendering whatever assistance he could.

3. When the hearing was resumed this morning, we were informed by the Crown that the police, more particularly the Narcotics Bureau, rated the Applicant's assistance as being of considerable value to the Bureau and recommended his co-operation be taken into account by this Court.

4. The trafficking in this case consisted of the Applicant acting as a courier by carrying drugs - 918.07 grammes of a mixture of salts of esters of morphine - from one place to another. The drugs found in possession of the Applicant amounted to 58.64 grammes of a similar mixture. In the light of the assistance given by him to the authorities, we have in mind a decision given by my brother Barker in the case of The Queen v. NG Chi-wai and LI Ying-ho, Criminal Appeal No. 348 of 1984 where he said:-

"people in his (i.e. the Applicant's) position are to be encouraged to co-operate with the police and to be encouraged to give them information whereby, if possible, the heads of syndicates can be arrested, charged and convicted."

In that case, the Applicant gave his assistance to the authorities prior to the hearing of the application in the Court of Appeal, but the principle to be applied is, in our view, exactly the same as in this case. It is for these reasons that we would treat the application as the hearing of an appeal, allow the appeal and reduce the sentence of ten years on the trafficking to seven years. The seven years for possession is to remain. The two sentences are to run concurrently.

Representation:

Mr. O'Reilly Mayne, Q.C. and Mr. R. Wu (Wing-sum Lo & Co.) for Applicant.

Mr. Moorfoot for Crown/Respondent.