HKSAR v. Yeung Tung Wa

HCCC 249/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 249 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 on one charge of trafficking in a dangerous drug. The guilty plea was entered at the Eastern Magistrates’ Court on 31 July 2017.

The Particulars of Offence provide that on 19 January 2017, at the Customs Arrival Hall, Lo Wu Control Point, New Territories, in Hong Kong, the defendant unlawfully trafficked in a dangerous drug, namely 989 grammes of a crystalline solid containing 956 grammes of methamphetamine hydrochloride, commonly known as the ‘Ice’ drug.

The Summary of Facts admitted by the defendant provides that at about 1123 hours on 19 January 2017, the defendant entered Hong Kong via the Lo Wu Control Point through the "nothing to declare” green channel. He was intercepted for Customs clearance. Upon check, two plastic bags containing a total of 989 grammes of a crystalline solid containing 956 grammes of methamphetamine hydrochloride were found hidden at the waist area of the defendant. The defendant replied that they were ‘Ice’ when asked by the Customs officer.

Upon arrest and caution, the defendant admitted that he obtained the ‘Ice’ from a safe in Room 843 of the Shenzhen Metro Park Hotel that morning. The defendant said he wrapped the ‘Ice’ around his waist with plastic tapes and was bringing them back to Hong Kong for someone for a remuneration of $8,000. He further admitted he was to wait for a phone call for instructions of delivery.

In a cautioned video-recorded interview, the defendant stated, among other things, that:

(i) He was educated up to Form 2.

(ii) He was married and was unemployed at the time of arrest.

(iii) He went to the Mainland via Lo Wu on 18 January 2017 in response to a phone call.

(iv) In Shenzhen, he rented a room at the Shenzhen Metro Park Hotel. He then further received a telephone call and according to instructions, he placed the key card of the room he rented at a flower bed.

(v) He was asked to return later and he did so. Upon his return, he found a passcode written on a piece of paper inside the room. He used that passcode to open the safe of the hotel room and found the dangerous drugs seized inside.

(vi) He understood that they were the ‘Ice’ that he was to bring to Hong Kong for the remuneration of HK$8,000.

(vii) He did so on the following day and was arrested by Customs officers when he entered Hong Kong; and

(viii) He also provided the telephone number of two persons who collaborated with him. One of whom he said he had met a few times when drugs were handed over on previous occasions in Mong Kok, in Hong Kong.

Movement records show that the defendant left Hong Kong at the Lo Wu Control Point at 1609 hours on 18 January 2017 and returned via the same route at 1122 hours on 19 January 2017.

The estimated street value of the dangerous drugs seized was about HK$283,843 as in January 2017.

The defendant accepts and admits that at the material time, he was in possession of the dangerous drugs seized for the purpose of unlawfully trafficking and he knowingly imported the same into Hong Kong.

By way of personal background, the defendant is 31 years of age. He was born in February 1986. He has received education up to Secondary Form 2 level. At the time of his arrest, he was unemployed. Previously, he had worked as a casual delivery worker. The defendant is married. The defendant has four previous convictions, one of which is for trafficking in dangerous drugs. That was recorded in November 2012 and for which the defendant was sentenced to 64 months’ imprisonment.

By way of mitigation, Ms Barbara Wong correctly emphasised the defendant’s early plea of guilty, which was tendered at the earliest opportunity. Ms Wong has helpfully provided the court with a comprehensive written submissions in mitigation, which detailed the defendant’s personal circumstances and reasons for his commission of the present offence. At the hearing today, the defendant further submitted a mitigation letter written by him, the content of which is noted.

However, as has been pointed out by the courts on many previous occasions, personal and family circumstances of the defendant offers little mitigation in a serious case of drug trafficking, such as the one before the court today.

The dangerous drug involved in the present case is 989 grammes of a crystalline solid containing 956 grammes of methamphetamine hydrochloride. In HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, the Court of Appeal held that for trafficking in amounts of 600 grammes and over of the ‘Ice’ drug, the proper tariffs to be imposed after trial are the same tariffs as are prescribed in HKSAR v Abdallah [2009] 2 HKLRD 437 for those quantities of heroin.

In the Abdallah case, it was held by the Court of Appeal that for trafficking in between 600 grammes to 1,200 grammes of heroin, the guideline starting point after trial should be 20 to 23 years’ imprisonment.

In my view, based on the quantity of the narcotic involved (956 grammes of methamphetamine hydrochloride), the proper initial starting point for sentence in the present case should be 21 years and 9 months’ imprisonment.

The defendant was caught trying to have the drug in question brought from Shenzhen, China into Hong Kong. The initial starting point of 21 years and 9 months’ imprisonment should be enhanced by 1 year and 9 months for the international element in the present case [see: HKSAR v Chung Ping Kun [2014] 6 HKC 106, at paragraph 9]. This would take the starting point up to 23 years and 6 months’ imprisonment.

I shall give the defendant a full one-third discount for his guilty plea, which was tendered at the first opportunity at the Magistrates’ Court.

The defendant is accordingly sentenced to 15 years and 8 months’ imprisonment.