HKSAR v. Ho Kit Ki Eric

HCCC 292/2017

[2018] HKCFI 550

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 292 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 pleaded guilty to trafficking 962.61 grammes of heroin hydrochloride on 21 August 2017 at the Eastern Magistrates’ Court. He was committed to this court for sentence.

On 16 January 2017, at about 10.15 am, the defendant was intercepted by police officers at the lift lobby of 13th Floor, Kwun Tong Industrial Centre Phase 4. Upon search, the officers found two packets of heroin hydrochloride concealed inside his underpants. One packet contained 2.81 grammes, and the other contained 21.8 grammes of heroin. The defendant admitted that he was delivering the packet to someone for Ah Keung. He would receive a reward of $500.

The police then entered Room 9 of Flat A on the 13th Floor, using the keys found on the defendant. They found on a desk 10 packets of heroin containing 938 grammes of heroin. There were other items on the desk, including two electronic scales, a large number of resealable plastic bags, and a pair of scissors with traces of heroin.

The defendant admitted in a subsequent video interview that Ah Keung gave him the drugs. Ah Keung told him to rent the room and package the drugs according to Ah Keung’s instructions. At the time of the arrest, he packaged two packets of drugs in different sizes. He intended to deliver them to someone at Kwun Tong MTR Station.

According to police statistics, the market price for all the drugs found was about $960,000.

The defendant is 43 years old. He has ten previous convictions, most of which were possession of a dangerous drug offences. He was last sentenced to 12 months’ imprisonment for trafficking in a dangerous drug in 2016. He was a part-time electrician at the time of the offence. The defendant claim to be an addict. He pointed out that the smaller packet concealed in his underpants was for his self-consumption. He is divorced, but living together with his ex-wife and a 12-year-old son at Wong Tai Sin. His mother was recently diagnosed of colon cancer.

The sentencing tariff of Aballah is applicable, for trafficking in 962.61 grammes of heroin, the starting point should be 21 years and 10 months’ imprisonment.

The defendant had supplied some information to the police. Parties confirm that there is no positive result from further investigation. The prosecution confirms that there is nothing significant. I do not consider further reduction is warranted.

The defendant claims that the smaller packet, about 2.81 grammes of heroin concealed in his underpants was for self-consumption. Mr Ross, counsel for the defendant, fairly agrees that this amount is not a significant amount which warrant further reduction in sentence. Having considered the amount of heroin hydrochloride, his background and the mitigation, I take the starting point at 21 years and 10 months’ imprisonment. I deduct 7 years and 3 months for his plea. I do not think his mother’s health warrants further reduction. I sentence the defendant to 14 years and 7 months’ imprisonment.