HKSAR v. Mok Shu Ming

HCCC 238/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 238 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 on his own plea of one charge of trafficking in a dangerous drug. The guilty plea was entered at the earliest opportunity at the Eastern Magistrates’ Court on 24 July 2017.

The Particulars of Offence provide that on 27 September 2016, at King Lok House, Shan King Estate, Tuen Mun, New Territories, in Hong Kong, the defendant unlawfully trafficked in a dangerous drug, namely 93.1 grammes of a crystalline solid containing 91.5 grammes of methamphetamine hydrochloride, commonly known as the ‘Ice’ drug.

The Summary of Facts admitted by the defendant provides that in the evening of 27 September 2016, police party acting on information, mounted an anti-dangerous drugs operation in plain clothes near Shan King Estate, Tuen Mun. At 2252 hours on the same day, the defendant was intercepted while heading to the lift lobby at Wing A, 28th Floor, King Lok House, Shan King Estate, New Territories. When police officers revealed their police identity, the defendant fled immediately. They therefore gave chase and intercepted the defendant at the staircase of Wing A, 28th Floor, King Lok House.

Upon search, a red box marked with the word “Samsonite” was found in the shoulder bag carried by the defendant. Inside the shoulder bag, there was a black bag which contained a resealable transparent plastic bag containing suspected dangerous drugs, later confirmed to be containing 93.1 grammes of a crystalline solid containing 91.5 grammes of methamphetamine hydrochloride (a salt of methamphetamine). The defendant was then arrested and under caution, the defendant remained silent.

In a subsequent video-recorded interview, the defendant remained silent under caution.

The dangerous drug had an estimated retail value of HK$33,795 at the time of seizure.

The defendant admits and accepts that he was trafficking in a dangerous drug seized in this case.

By way of personal background, the defendant is 26 years of age. He was born in Hong Kong in October 1990. The defendant received education up to secondary Form 2 in Hong Kong. Prior to his arrest, the defendant was working as a store keeper earning around HK$15,000 a month. The defendant is married and was living with his wife and son, aged 1½ years, at the time of his arrest.

The defendant has a total of three previous convictions, including one previous conviction for trafficking in a dangerous drug. That was recorded in 2011 and for which the defendant was sentenced to 3 years’ imprisonment.

By way of mitigation, Miss Flora Cheng on behalf of the defendant urged me to take into account his guilty plea. I was told that the defendant committed the offence in question in order to make quick money. He has a young wife and a very young son.

However, as has been pointed out by the courts on many previous occasions, personal and family circumstances would offer little mitigation in drug trafficking cases, which call for severe deterrence sentences in order to protect the public.

In the present case, the narcotic involved is 91.5 grammes of methamphetamine hydrochloride. In HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, the Court of Appeal held that for trafficking in between 70 and 300 grammes of the ‘Ice’ drug, the guideline starting point after trial should be 11 to 15 years’ imprisonment.

In my view, following the guidelines in the Tam Yi Chun case and based on the quantity of narcotic involved, the proper starting point for sentence in the present case should be 11 years and 4 months’ imprisonment.

I shall give the defendant the full one-third discount from the starting point for his guilty plea.

The defendant is accordingly sentenced to 7 years and 6 months’ imprisonment.