HKSAR v. Wang Zhi

HCCC 29/2018

[2018] HKCFI 2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 29 OF 2018

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

You have been found guilty after trial by jury of one count of trafficking in dangerous drugs contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. The jury unanimously agreed that you have trafficked in 1.992 kilogrammes of ‘Ice’ on 23 May 2017, when you were intercepted in Kong Pui Rest Garden in Sha Tin.

That ‘Ice’ had a street value of HK$623,688.

You are a resident of Hunan. You are 47 years of age and you were educated up to Primary 6. Your antecedent record is of very little help to the court as it suggests that you told the police you worked as a cleaner. I do not know whether what you have told the court or the police are actually true because you told the jury on oath that you worked part-time as a badminton and ping-pong coach and you also traded in red dates and raisins. So I do not understand how the idea that you were a cleaner ever came into play, unless of course in fact, you are a cleaner.

You told the court that you had an income of between 3,000 Renminbi and 5,000 Renminbi a month and that you supported your wife, her mother, your mother and your son who I know now is 14 years of age. Sadly, your mother-in-law has now passed away. But in fact you seem to be telling the police that you had a father who was still alive, although Mr Chu tells me that he has passed away.

So in essence, Mr Wang, I really do not know very much about you at all and you have not bothered through your counsel to explain who you are, what you are or what motivates you. There has been little or no personal mitigation which assists me at all in coming to an appropriate sentence in this matter.

What I know now, and I didn't know at the time of the trial was that in fact you have a criminal record in Hong Kong which was an offense of assaulting officer, I gather arising out of the circumstances of your arrest. It is never acceptable to assault any member of the uniformed services in Hong Kong but I do accept that emotions run high in circumstances like that and I will not take that into consideration at all when I pass sentence today. It wouldn't be appropriate to do so.

Other than that, you have basically tied your counsel's hands because he is unable, I am sure he would be willing, but he is unable to mitigate on your behalf in any other respect.

The relevant sentencing guideline in this case is HKSAR v Abdallah. For trafficking in between 1,200 and 4,000 grammes of ‘Ice’, the starting point after trial as this has been is between 23 and 26 years. For trafficking in dangerous drugs in the amount of 1.992 kilogrammes of ‘Ice’, the starting point is therefore 23 years and 9 months. There is a further aggravating feature and that is from all the circumstances of the evidence before me, this was part of a plan to import ‘Ice’ from China. There is no other reason that has been put before the court as to why you would be here in Hong Kong in possession of that 2 kilogrammes of ‘Ice’ that have only just been couriered into Hong Kong from Shenzhen. In accordance with HKSAR v Abdallah, the appropriate aggravating sentence which I intend to add to the starting point I have mentioned is one of 2 years.

And nothing else has been said which will assist me in reducing that sentence in any way and therefore you will go to prison for 25 years and 9 months.