HKSAR v. Tse Siu Kwok

HCCC 166/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 166 OF 2017

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

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COURT:

Defendant, you pleaded guilty to a charge of trafficking in a dangerous drug before the Eastern magistrate on 22 May 2017. As a result of your plea of guilty, you have been committed to the Court of First Instance for sentence.

On 6 June 2012, a police officer saw you and another male walking towards them along Cheung Sha Wan Road. Upon seeing the officer, you and the other male turned around and hurried away. Despite the police officer shouting “police” and demanded you both to stop, you continued to flee. You were intercepted by the officer but the other male fled away.

Upon the police officer’s request, you produced your Hong Kong ID card. The officer then conducted a body search on you. On searching your lower abdomen, the officer felt something hidden underneath your clothes. Suddenly, you fled along Cheung Sha Wan Road. The officer gave chase and saw you drop an object white colour on the ground in an alleyway and continue to flee. The officers were unable to intercept you and you eventually fled away.

The object in white colour that you threw away was seized and it was found to contain the drugs as stated in the charge, which is 0.25 kilogrammes of a powder containing 0.19 kilogrammes of ketamine.

Thereafter, you were put on the wanted list. On 27 September 2016, you voluntarily surrendered to Hong Kong and were intercepted at the Lo Wu Control Point, coming back from the mainland to Hong Kong, and were arrested.

The estimated market retail value of the drug seized was $28,750.

Ms Kamina Lai has informed me that since your father passed away very quickly from lung cancer when you were aged 10, your life spiralled out of control, resulting in which you had two previous convictions for robbery and theft in 2008 and 2010. At the time of commission of this offence, you had no money to pay rent and you were therefore lured by a friend called ‘Ah Chung’ to deliver these drugs in return for a reward of $500. You then fled to China, illegally, after you were intercepted for this offence.

You have written a lengthy letter to me, explaining the very tough and miserable living you have had for these years that you had absconded in China. At the time you committed this offence, you were aged 20. You returned to Hong Kong when you were 24 years of age and you are now 25 years of age.

As you had no identity card, as the police in Hong Kong had your Hong Kong ID card, you encountered much difficulty in finding employment. When you did find employment, these were with low-paid casual jobs and with much longer working hours. You realised this type of living was miserable and you decided then to surrender yourself back to Hong Kong.

Surprisingly, you had some difficulty despite surrendering yourself to the Chinese Police authority and even to the Hong Kong Immigration Department. Eventually, you had to seek help from the Hong Kong Federation of Trade Unions. I have a letter here from the Hong Kong Federation of Trade Unions, informing this court that they had assisted you in returning to Hong Kong.

Your mother and brother lived in China as they left Hong Kong due to the difficult and costly living here and you had been living with them in China. You have told this court that you wish to start anew, particularly as your mother’s health has been very poor. You have faced up to your responsibility, realised your mistake and therefore surrendered yourself to the police in Hong Kong.

Ms Lai has said that the fact of you absconding for such a long time and you surrendering yourself cancels each other out so far as any aggravating factor is concerned. I accept that to be so.

The drugs concerned here were that of ketamine and following Hii Siew Cheng, for trafficking in amounts of between 50 to 300 grammes of ketamine, a starting point of 6 to 9 years’ imprisonment, after trial, is the appropriate starting point.

The amount of ketamine in this case was 190 grammes. Had you been convicted after trial, I would have taken a starting point of 7 years and 6 months’ imprisonment.

You have pleaded guilty. I shall afford you a full one-third discount and you shall therefore be sentenced to 5 years’ imprisonment.