HKSAR v. Wong Kai Lam

HCCC 269/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 269 OF 2016

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

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COURT:

Mr Wong, you stand before the court on an indictment containing two counts. Count 1 is an allegation of trafficking in 33.29 grammes of cocaine and 16.14 grammes of ketamine. Count 2 is an allegation of trafficking in 28.66 grammes of cocaine. Count 2 is drafted in the alternative to Count 1 and you have pleaded guilty to that count, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The Summary of Facts which form the basis of that plea has been read out to you today Mr Wong and you have confirmed them. As such, you have been formally convicted before this court on your plea to Count 2.

The Summary of Facts refers to an incident on 15 June 2015, when you were stopped for suspected traffic offences. You were observed to take out a white plastic bag from the vehicle you were driving and walk away with it to dispose of it, but some astute members of the public saw you do so and recorded it. When it was recovered, that white plastic bag was found to contain 80 separate plastic bags containing cocaine. Three further plastic bags were found under the front passenger seat and three on top of the front passenger seat, also containing cocaine. An electronic scale was also recovered.

The value of the drugs recovered on that day from your possession amounted to HK$40,529.37.

Mr Wong, you are 35 years of age, single and living with your family at the time this offence occurred. You are educated up to Form 3 and had been working as a part-time transportation worker, you say, up to your arrest, earning just a few hundred dollars per day and with only two days’ work in the previous month, according to your record of interview.

You have a criminal record which includes offences of possession of dangerous drugs, but nothing more serious so far as drugs offences are concerned. Although at the time of your arrest, you were carrying a significant quantity of cocaine ready for onward sale to individual customers. This did not look like a one-off activity and, significantly, you had a teenager with you whom you believed to be between 15 to 17 years of age. Upon caution, and in interview, you tried to blame him for the drugs and you denied any acknowledge of them. I find the use of a teenager in this enterprise an aggravating feature.

Mr So on your behalf has asked the court to be lenient. However, he has not been able to advance anything on your behalf which supports that submission. You are a mature man who has a good knowledge of the system and you knew full well the risk you were taking when you trafficked in cocaine.

The sentencing guidelines for trafficking in cocaine can be found in HKSAR v Lau Tak Ming [1990] HKLR 370. For trafficking in between 10 to 50 grammes, the range of sentencing, after trial, is between 5 to 8 years, and for 28.66 grammes, therefore, the starting point after trial would be 6 years and 3 months’ imprisonment.

That sentence will be enhanced by 6 months to reflect the usage of a teenager in this matter, making your total sentence one of 6 years and 9 months. But you will receive a one-third discount for your plea, even though it was not entered at the earliest opportunity.

There is no other mitigation which can affect the sentence that this court must pass.

You will go to prison for 4 years and 6 months.