HKSAR v. Lee Kar Yin and Another

HCCC 212/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 212 OF 2017

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

On 26 June this year, Ms Lee Kar-yin, D1 in this case, and Ms Chan Pui-wei, D2 in this case, pleaded guilty at the Eastern Magistracy to Charges 1 and 2 respectively. They respectively allege unlawful trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The 1st charge, against D1 only, alleges that on the 9th day of October 2016, near No 190 Tai Nan Street, Sham Shui Po, Kowloon, in Hong Kong, D1 unlawfully trafficked in a dangerous drug, namely 123 grammes of a crystalline solid containing 117 grammes of methamphetamine hydrochloride, commonly known as ‘Ice’.

The 2nd charge, against D2 only, alleges that on the same day at the same location as described in the 1st charge, D2 unlawfully trafficked in a dangerous drug, namely 246 grammes of a crystalline solid containing 239 grammes of methamphetamine hydrochloride.

Both D1 and D2 admitted the Summary of Facts prepared by the prosecution. The learned magistrate committed you both to this court for sentence.

The admitted Summary of Facts revealed, among other things, the following facts. At around 12 minutes past 1 am on 9 October 2016, police set up a roadblock near No 190 Tai Nan Street, Sham Shui Po, Kowloon. A taxi with registration number LA6119 was stopped at the roadblock for inquiry. D1 and D2 were sitting at the rear passenger seat of the taxi. D1 was sitting behind the driver who was not acquainted with either D1 or D2. D2 was sitting on the left side of D1. Upon inquiry, the taxi driver stated that D1 and D2 hired his taxi at Wong Chuk Street, near Lai Chi Kok Road and requested to go to Mong Kok Road, near Sai Yee Street.

Upon search of D1’s handbag, five bags of suspected ‘Ice’ were seized which were later confirmed to be containing a total of 123 grammes of a crystalline solid containing 117 grammes of methamphetamine hydrochloride.

From D2’s handbag, ten bags of suspected ‘Ice’ were seized which were later confirmed to be containing a total of 246 grammes of a crystalline solid containing 239 grammes of methamphetamine hydrochloride. D1 and D2 were arrested. D1 and D2 had $1,196.20 and $1,237.30 in their respective possession.

The ‘Ice’ seized from D1 and D2 had an estimated retail value of HK$42,312 and HK$84,624 respectively at the time of the seizure.

D1 is aged 39 and was a cleaning worker earning about HK$12,000 per month. You have been sentenced in Hong Kong on eight previous occasions. Two are convictions for trafficking in dangerous drugs; four are convictions for possession of dangerous drugs.

D2 is aged 44 and I am informed that you worked as a warehouse worker before arrest. Likewise, you have been sentenced before on eight previous occasions. Three are convictions for trafficking in dangerous drugs and three are convictions for possession of dangerous drugs.

Both counsel urged leniency on your behalves.

The sentencing tariff For trafficking in ‘Ice’ is that set out in the case of HKSAR v Tam Yi Chun [2014] Vol 3 HKLRD 691 at page 692. The tariff provides that the starting point for trafficking between 70 and 300 grammes of ‘Ice’, after trial, is between 11 to 15 years’ imprisonment.

In the case of D1, I shall take 11 years and 9 months as the starting point. In the case of D2, I shall take 13 years and 6 months as the starting point.

The only real mitigating factors in respect of both of you, D1 and D2, are your timely pleas of guilty. It is not in dispute that each defendant is entitled to the full one-third under the new sentencing guideline set out in the case of HKSAR v Ngo Van Nam [2016] Vol 5 HKLRD 1, see paragraph 211 at page 68. I shall give each of you the full one-third discount.

In the case of D1, you shall serve a sentence of 7 years and 10 months. I order that 6 months of the present sentence shall be served concurrently with the present sentence you are serving in respect of DC/443/16. In other words, 7 years and 4 months of the present sentence shall run consecutive to that present sentence you are serving.

In the case of D2, you shall serve a sentence of 9 years.