HKSAR v. Wong Yun Sang

HCCC 428/2017

[2018] HKCFI 633

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 428 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 20 November 2017, you pleaded guilty to a charge of trafficking in a dangerous drug before a magistrate sitting at the Eastern Magistracy. You were committed here to the Court of First Instance for sentence.

You had admitted that on 26 April 2017, at the junction of Shan Tung Street and Reclamation Street, Kowloon, you unlawfully trafficked in 1,306.5 grammes of a crystalline solid containing 1,232.9 grammes of methamphetamine hydrochloride.

On that day in question, that is, 26 April 2017, police were conducting an anti-narcotic patrol in the vicinity of Mong Kok. At about 6.15 pm they saw you standing furtively at the junction of Shan Tung Street and Reclamation Street. They therefore intercepted you for enquiry. Upon search, they found three plastic bags containing the drugs as mentioned in the charge concealed under some vegetables inside a recycling bag you were carrying. You were then arrested and cautioned.

Under caution, you admitted trafficking the Ice for a male named Ah Ming, for a reward of $3,000, and asked for a chance. At the time you had on your person cash of $4,776 and a mobile phone. In a video-recorded interview conducted with you subsequently, under caution you stated inter alia that you had met Ah Ming about two minutes previously at the YMT Community Centre Rest Garden.

Ah Ming had called you the day before and instructed you to traffic in drugs, and offered you a reward of $3,000. You obtained the dangerous drugs inside the Soy Street Rest Garden from a male whom you were not acquainted with. At the time of your arrest, you had not received the promised reward. You were unemployed and received CSSA; the money found on you was from your CSSA allowance. This was your first time in trafficking dangerous drugs.

In April 2017, the drugs commonly known as “Ice” seized in this case had an estimated street value of $373,659.

Defendant, you are 59 years of age, and have nine previous convictions of which none are similar. They are not drug related. Most of those are for gambling and managing a vice establishment. Your last conviction was in 1993, over some 20 years ago. You have had primary school level education, and live alone in a sub-divided unit. Your previous occupation was in decoration and construction work. You had previously worked in a factory. In 1995, you had an industrial accident to which you had injured your left index finger which resulted in permanent disability. As a result of your age, physical strength and disability, in 2014 you became unemployed and commenced CSSA and have been dependant on that ever since.

Mr Gordon Wong, your counsel, has quite forthrightly said that in view of the financial constraints you faced you committed this offence because of the temptation to earn quick, easy money. You have written a letter to this court stating the background, much of which I have mentioned, and also informed me that you had to support your elder sister who is now 80, living in China. As a result of your support that you had to provide to her, and the insignificant, or shortfall in your CSSA, out of momentary greed and temptation, you committed this offence.

You have said you are remorseful and that when you are released you will continue to work and make contributions to society. Your strongest plea in mitigation is your early plea of guilty, both at the date of the offence, and of course at the committal proceeding. For your earlier plea of guilty, you will be awarded and entitled to a full one-third discount to the starting point.

Defendant, you were trafficking in 1,232.9 grammes of Ice. The guideline case for trafficking in Ice is that of Tam Yi Chun, and for larger amounts, is that of Abdullah. In following the tariffs laid down in Abdullah, had you been convicted after trial, an appropriate starting point would be one of 23 years’ imprisonment. Giving you credit for your plea of guilty, that term shall be reduced by one-third and you shall be sentenced 15 years and 4 months’ imprisonment.