HKSAR v. Tsui Chi Wai

HCCC 147/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 147 OF 2017

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

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COURT:

The defendant has been convicted after trial of two counts of trafficking in a dangerous drug. The 1st count is for trafficking in 62.7 grammes of a solid containing 38.7 grammes of cocaine and the 2nd count was for 19,440 grammes of a crystalline solid containing 1,541 grammes of methamphetamine hydrochloride and 2.83 kilogrammes of a solid containing 1.85 kilogrammes of cocaine.

Both counts occurred on 8 October 2016, when the police stopped the defendant outside the subject premises and from his cross-body bag were found the dangerous drugs which is the subject matter of Count 1. The police officers gained entry to the subject premises with the keys found on the defendant and inside the premises were found the drugs which is the subject matter of Count 2. It was later discovered that the subject premises was rented by the defendant on 5 February 2016.

The street value of the dangerous drugs seized in this case was a total value of HK$9,713,124.

The defendant is aged 39 and has a criminal record but nothing similar. As he has been convicted after trial, there is not much to say on his behalf in mitigation.

Ms Cheung correctly pointed out that the sentencing guideline in relation to the drug methamphetamine hydrochloride was in Tam Yi Chun (2014)3 HKLRD 691, up to 600 grammes, the Court of Appeal had recommended certain guidelines which was that 10 to 50 grammes of cocaine would merit a guideline sentence of between 5 to 8 years’ imprisonment after trial.

In Count 1, the amount of cocaine was 38.7 grammes. So the sentence would be 7 years’ imprisonment.

As for the 2nd count, it is a mixture of 1,541 grammes of methamphetamine hydrochloride and 1.85 kilogrammes of cocaine. So adding up the two amounts together would give us about 3.391 kilogrammes and since cocaine is the bigger amount, I will consider the sentencing guideline, in fact it is the same, in the case of Abdallah. The Court of Appeal recommended that for trafficking in between 1,200 to 4,000 grammes, the appropriate sentence after trial will be between 23 to 26 years’ imprisonment. I will adopt a sentence of 25 years’ imprisonment.

Regarding the totality, I agree with Ms Cheung that both counts are very close together and I can consider making the sentences concurrent. So Count 1 and Count 2, both sentences will be served concurrently, giving a total of 25 years’ imprisonment.