HKSAR v. Cheng Kwok Leung

HCCC 64/2018

[2018] HKCFI 1273

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 64 OF 2018

-----------------

------------------

--------------------------------------------

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

--------------------------------------------

COURT:

Cheng Kwok-leung, I have taken into account everything said by your counsel on your behalf. You stand convicted of one charge of trafficking in dangerous drugs. You have pleaded guilty in the Magistrates Court and have been committed to this court for sentence. The offence was committed on 5 October 2017 at the Customs Departure Hall of Hong Kong Macau Ferry Terminal where you were stopped and searched by the Customs officers when the dangerous drugs in the charge were found inside your underpants.

They consisted of 13.10 grammes of a crystalline solid containing 13.10 grammes of methamphetamine hydrochloride, commonly known as ‘Ice’, and 0.90 grammes of a solid containing 0.86 grammes of cocaine.

The ‘Ice’ had an estimated retail value of HK$5,619, and the cocaine had an estimated retail value of HK$1,107.

These drugs were to be exported from Hong Kong, and therefore calls for enhancement. In sentencing you, I will lean towards leniency as far as that can properly be done. Where there is any rounding off to be done, I will make it a rounding down in your favour.

As to the appropriate approach to sentencing on a charge of trafficking in more than one type of drugs, I follow the approach indicated by the Court of Appeal in the case of HKSAR v Wong Kin Kau [2010] 4 HKC 44. In following that approach, I will do so having considered everything urged on your behalf and I adopt, before enhancement, a starting point of 7 years and 3 months’ imprisonment for all the drugs, ‘Ice’ and cocaine, in which you trafficked.

The level of enhancement under the guideline for up to 250 grammes of this kind of drugs is 6 months’ imprisonment. It is submitted by your counsel that since the total amount of drugs involved in this case is so much less than 250 grammes, a lower enhancement figure should be adopted. In all the circumstances of this case and erring in your favour, I adopt an enhancement of 2 months’ imprisonment thereby making an enhanced starting point of 7 years and 5 months’ imprisonment.

It is accepted that you were a drug addict and that the cocaine was for your own consumption. For that reason, I reduce the enhanced starting point of 7 years and 5 months’ imprisonment by 6 months to arrive at an ultimate starting point of 6 years and 11 months’ imprisonment. For your plea of guilty at the committal stage and your cooperation with the police, I give you a full one-third discount, rounding it down in your favour, thereby reducing the sentence to one of 4 years and 7 months’ imprisonment.

I therefore sentence you to 4 years and 7 months’ imprisonment.