HKSAR v. Wong Yik Yuen

HCCC 286/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 286 OF 2016

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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 an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You have admitted that you, together with Tsang Shun-keung, on 9 January 2016, at the Ground Floor of Tsui Yiu Court, No 1 Lai Chi Ling Road, Kwai Chung, New Territories, in Hong Kong, you unlawfully trafficked in 11.71 kilogrammes of a solid containing 5.28 kilogrammes of ketamine.

On the day in question, at about 4 am in the morning, police officers observed you, together with Tsang, enter the lift lobby of Tsui Yiu Court. At that time, Tsang was carrying a blue backpack with the drugs as stated in the charge contained within it. When the police officers approached both of you and revealed their identity, you both attempted to flee the scene. You were subdued by the police after a brief struggle and Tsang was apprehended outside the building, also subdued after a struggle. In the meantime, whilst Tsang was fleeing, he threw the backpack with the drugs onto the ground.

The drugs were estimated to have a street value of $1,452,100.

Your entering the building and Tsang leaving the building together was recorded on CCTV camera and video footage can be seen of that.

When you were arrested and cautioned at the scene, you told the police officer, “Ah Sir, I only delivered ‘K Chai’ here for $1,000 I received from someone. Give me a chance”. Later, in a video-recorded interview that day, you informed the police how you became involved in trafficking in this amount of ketamine. In summary, you did so because you were heavily indebted as a result of gambling and the person you had met in a pub in Tsim Sha Tsui called ‘Ah Wai’ had suggested to you to traffic in this ketamine. Therefore, you agreed, with the reward of $1,000.

You are 31 years of age, divorced and have five previous convictions on two previous appearances. One conviction relates to dangerous drugs to which, on 28 May 2014, you were sentenced to 1 month’s imprisonment, suspended for 3 years for an offence of possession of dangerous drugs. You have attained Form 4 education and after leaving school, worked as a waiter, worker and clerk. You lived with your parents and siblings.

Mr Nelson Lam, your counsel, has informed this court that despite knowing of the lengthy sentence you will serve and the consequences of you committing this serious offence, you have come forth and readily admitted your guilt and thus pleaded guilty with sincerity at the earliest opportunity. Despite the quantity of drugs involved in this case, your reward was but a very nominal amount of $1,000.

As a result of this offence, you know you will serve a lengthy term and thus be separated from your family members for a very long time. Mr Lam has informed the court that you were not found to be selling drugs in a disco to young people and there was no international element.

Mr Turnbull has submitted to the court two authorities which Mr Lam adopted. That is the leading case for trafficking in ketamine, Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, and HKSAR v Sin Chung Kin & Another [2013] 1 HKLRD 627. The amount of drugs in this case exceeds the guidelines laid down in Hii Siew Cheng. The guidelines in that case state that for over 1,000 grammes, there should be a sentence of 14 years and upwards.

The case of Sin Chung Kin & Another is relevant in that the amount of drugs in that case amounted to 5.12 kilogrammes. The Court of Appeal there held the starting point adopted by the trial judge of 22 years was not manifestly excessive. The amount in this case is close to that figure and I shall adopt the same starting point.

There are no aggravating factors in this case such as to enhance the starting point and, in the circumstances, I take that as a starting point, 22 years’ imprisonment, and reduce that term by one-third for your early plea of guilty, and you shall be sentenced to 14 years and 8 months’ imprisonment.

In respect of the suspended sentence which you received in May 2014, this offence was committed approximately a year and a half later, which is during the period in which this suspended sentence should be activated. However, in view of the lengthy term of sentence that you will be serving, I do not think it necessary and will exercise my discretion not to activate that sentence of 1 month imprisonment.

Therefore, your term you shall serve shall remain at 14 years and 8 months’ imprisonment.