HKSAR v. Wong Man Chung

HCCC 413/2017

[2018] HKCFI 844

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 413 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, Wong Man-chung was charged with one count of trafficking in a dangerous drug contrary to section 4 1(a) and 3 of the Dangerous Drugs Ordinance, Chapter 134. He pleaded guilty before a magistrate and was committed to the Court of First Instance of the High Court for sentencing.

Summary of Facts

The facts disclosed that a driver of a Gogo van received an order on 8 February 2017 to go from Tseung Kwan O to Hung Shui Kiu. The driver had a telephone conversation with the defendant to arrange for the place for pick up. The defendant boarded the van with two other persons. The defendant sat in the front passenger seat after placing a printer on the back seat.

The defendant then told the driver to go to Lei Muk Shue Estate and on their way the driver overheard the other male talking on the phone to arrange for the meeting place. Upon hearing that person asking the other party whether that other party was responding slowly because of being high, the driver suspected the defendant and the others were trafficking dangerous drugs.

The driver sent a WhatsApp message to his wife alerting her to call the police. In the meantime, the defendant placed his own mobile phone in the front of the van to charge it. The driver put his own mobile phone on speaker and deliberately asked if the drop off point was at Kin Shue House in Lei Muk Shue Estate, thereby disclosing to the police where the van will stop. So, before the van arrived at Kin Shue House the other male had alighted and left.

Upon arrival the police intercepted the van and conducted their inquiry. The police found 10 packets of what was later confirmed to be a total of 246 grammes of a crystalline solid containing 235 grammes of ‘Ice’ inside the printer placed on the rear seat.

The estimated street value was HK$76,260.

The defendant was arrested for trafficking in dangerous drugs. The defendant admitted that he was in possession of the ‘Ice’ in question for the purpose of trafficking.

The defendant is now 38 years old. He is divorced. He has an 8-year-old son who lives with his ex-wife. His ex-wife is, in fact, in court to support him. He worked as a construction worker since 2002 and he earned $20,000 per month prior to the arrest.

The defendant is not a man with clear record. He has two previous convictions. One of them was for the possession of dangerous drugs for which he was sentenced to a drug addiction treatment centre in 2014.

In mitigation, Mr Woon submitted that the defendant was a declared bankrupt at the time and he had fallen out with his family. His friend provided him with lodgings. On the day in question he ordered the goods vehicle via the Gogo Van App in order to go purchase some material for his work at the construction site, that is to purchase the material at Hung Shui Kiu.

His friend then asked him to bring a printer containing dangerous drugs to someone at Lei Muk Shue. That was how the defendant came to commit the present offence.

Mr Woon submitted that the only mitigation he could advance on behalf of the defendant is his plea of guilty before a magistrate. Mr Woon also submitted that the defendant's previous drug related conviction was for possession and that this time is the first time the defendant is convicted of a serious offence.

The defendant himself wrote to me making a public apology to the Hong Kong society and his family for the wrong he had done. He promised he would improve himself while in prison so that he will become a useful member of the society when he is released.

Offences involving dangerous drugs are serious, particularly when the trafficking of dangerous drugs are involved. A person convicted on indictment of trafficking in a dangerous drug is liable to a fine of $5 million and to life imprisonment.

The Court of Appeal has set down guidelines for the trafficking of ‘Ice’ in the case of HKSAR v Tam Yi Chun. The quantity of ‘Ice’ involved in this case is 235 grammes. Trafficking between 70 to 300 grammes of ‘Ice’, the starting point is between 11 to 15 years.

Having considered the circumstances of the offence and the quantity involved, I am of the view that a starting point of 13 and a half years is appropriate. I will not enhance the starting point as a result of the defendant's previous conviction record.

The defendant pleaded guilty at the earliest available opportunity and is entitled to a full one-third discount. There are no other grounds to further reduce the sentence.

For the offence of trafficking in a dangerous drug, the defendant is sentenced to 9 years' imprisonment.