HKSAR v. Chan Chi Long

HCCC 354/2017

[2018] HKCFI 1012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 354 OF 2017

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

Mr Chan, you pleaded guilty to one count of trafficking in dangerous drugs, contrary to Section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, on 18 September 2017, before the Eastern Magistrates’ Court, and you did so at the very first opportunity, in that you accepted that you had trafficked in 1,448 grammes of “Ice” on 16 March 2017.

That “Ice” had a street value of HK$422,154, so by reason of your acceptance of that plea today, you stand formally convicted of the charge.

The facts, as Mr Fung says, are very simple, you were apprehended during an anti-narcotics operation in Hung Hom. The “Ice” was found in a plastic bag you were carrying, divided into a further three resealable plastic bags, and on arrest, you admitted that you were delivering the dangerous drugs to others for a reward of $2,000. I know from what Mr Fung says, that at the time of arrest, you did not know the identity of the person that you were passing the drugs onto.

You also had $1,920 on you at the time of arrest, and a small amount of RMB. I note that you maintained exactly the same account in interview, and by way of mitigation from Mr Fung.

You are a Hong Kong resident, you are 32 years of age now, and you were educated up to only Form 3. You appear to have been a casual worker after leaving prison in 2008. I note from the antecedents that it says ultimately, you repaired vessels. You are not a drug abuser. You are single, and you lived alone prior to this offending.

Mr Chan, you have a criminal record that goes back to 2002, when you were 17, and you were fined for possession. In 2006, you received 38 months for trafficking, alongside other offending. You were discharged from prison in December 2008. You have avoided coming before the courts again in the intervening period, and therefore I will not mark your previous offending within the sentence I am about to pass, as it is in itself, a very heavy punishment.

Mr Fung, on your behalf, accepts that there is little else that can be said. The relevant sentencing guidelines in your case is HKSAR v Abdallah Anwar Abbas [2009] 2 HKLRD 437, for trafficking in between 1,200 and 4,000 grammes of “Ice”, the starting point after trial is between 23 to 26 years, and for trafficking in 1,448 grammes of “Ice”, the starting point is therefore 23 years and 3 months.

Trafficking, as you know, is a very serious offence, which attracts a deterrent sentence, and there is little which has been said by way of mitigation which can reduce the sentence which I am required to pass. You had very sensibly decided to plead guilty at the first opportunity, and following HKSAR v Abdou Maikido Abdoulkarim [2016] 5 HKLRD, you will receive a full one-third discount.

Mr Chan, you will go to prison for 15 years and 6 months.