HKSAR v. Lee Kwok Wai

HCCC 328/2017
[2018] HKCFI 281

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 328 OF 2017

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

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COURT:

Defendant, on 4 September 2017, you pleaded guilty to an offence of trafficking in a dangerous drug before a magistrate at the Eastern Magistracy. You are committed here to the Court of First Instance for sentence.

You admitted that on 10 March 2017, at Hong Kong International Airport, you unlawfully trafficked in 1,986 grammes of a crystalline solid containing 1,937 grammes of methamphetamine hydrochloride otherwise commonly known as ‘Ice’.

On 10 March 2017, at about 1.10 pm, police officers were conducting an anti-dangerous drugs operation at the departure hall of the Hong Kong International Airport. At that time, they saw you approaching a check-in counter and the officers intercepted you. A body search was conducted. A total of 15 packets containing the quantity of drugs as stated in the charge were found wrapped round your waist and inner thighs of your legs. You were arrested and cautioned. After which you said, “It so happened that I was in need of money for spending that I carried the dangerous drugs ‘Ice’ to New Zealand.” At that time, you had joined a tour group to New Zealand with the Wing On Travel. You were about to depart from Hong Kong on that day. You were found in possession of receipt issued by Wing On Travel.

In a video-recorded interview under caution, you stated in summary that you had been recruited by a man named Tony in China to deliver these drugs to New Zealand. You had therefore registered for this tour to New Zealand. The recruiter Tony had arranged another male to pass some cash to you to pay for this tour.

On the day before you were intercepted, that is the 9 March, you received the 15 packets containing the drugs ‘Ice’. On the morning of 10 March, you then wrapped the drugs around your body and came to Hong Kong with the drugs on your body from China. You received these drugs from an unknown male in a hotel room in Shenzhen. Upon your arrival in Hong Kong, you took a taxi to the airport. You had been promised a reward of $80,000 after the drugs were delivered to New Zealand but you had not received any reward.

In March 2017, the estimated retail value of the seized drugs was $560,052.

The immigration or movement record reveal that you had departed Hong Kong via Lo Wu on 8 March 2017 at around 7 pm and returned to Hong Kong on the offence day, that is 10 March, via Lok Ma Chau Spur Line Control Point at about 10.35 am.

Defendant, you are 61 years of age and have five previous convictions. Those are not related to drugs but are for serious offences of robbery. It appears on those charges, you were sentenced to 8 years’ imprisonment. I am informed by your counsel, Mr Freddy Woon, that those were for robbery, where you were armed with a knife on three shops. You were released from or discharged from prison in 2007. Since your discharge from prison, I have heard that you had some part-time jobs, one as an assistant in a vegetable store and the other as a waiter. You are 61 years of age and committed this offence because of your poor financial condition and quite simply as Mr Woon put it out of greed. I have had submitted to me a letter written by yourself which shows that you are deeply remorseful and regret what you have done. Your early plea of guilty reflects your remorsefulness.

As I am sure you have been informed for trafficking in large amounts of dangerous drugs, the Court of Appeal in Hong Kong have laid down clear tariffs and in sentencing you, I shall follow those tariffs. The most recent case of sentencing for the drug ‘Ice’ is Tam Yi Chun. However, for large amounts of ‘Ice’ to which you were trafficking in, the appropriate case is that of Abdallah.

Defendant, you were trafficking in 1,937 grammes of ‘Ice’. Had you been convicted after trial, an appropriate starting point would be one of 23 years and 9 months’ imprisonment. In following Abdallah, there is an aggravating factor in that you were attempting to export the drugs from Hong Kong. For that aggravating factor, there is an enhancement of the starting point. For that enhancement, I enhance your starting point by 2 years’ imprisonment in view of the quantity of drugs involved. In the circumstances, the starting point, had you been convicted after trial would be one of 25 years and 9 months’ imprisonment. You have pleaded guilty at the first opportunity and in those circumstances, I reduce your sentence by one-third and therefore you shall be sentenced 17 years and 2 months’ imprisonment.