HKSAR v. Chong Kei Fung

HCCC 407/2017

[2018] HKCFI 827

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 407 OF 2017

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

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

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

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

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

COURT:

Defendant, on 6 November 2017, you pleaded guilty to three charges before a magistrate sitting at the Eastern Magistracy. Two charges were for possession of a dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, and one charge was for trafficking in a dangerous drug contrary to section 4(1)(a) and (2) of the Dangerous Drugs Ordinance.

For the 1st charge of possession of a dangerous drug, you admitted that on 31 March, you were in possession of 0.96 gramme of a solid containing 0.82 gramme of cocaine. For the 3rd charge, you admitted that on the same date you were in possession of 5.04 grammes of a crystalline solid containing 4.45 grammes of methamphetamine hydrochloride.

For the 2nd charge, you admitted that on the same date, 31 March 2017, at a flat at Kam Tsin South Road, Sheung Shui, New Territories, you unlawfully trafficked in 1,475.92 grammes of a powder and a solid containing 910.02 grammes of cocaine.

On 31 March at about 5.50 pm, custom officers were conducting an anti-dangerous drug operation and saw you walking towards Kam Tsin South Road in Sheung Shui. You were intercepted. Upon search, the drugs in Charge 1 were found in one transparent resealable plastic bag. The officers also found two keys from your trousers pocket. You were arrested and cautioned, after which you said the bag contained cocaine for your own consumption. When being asked about the keys, you said they were for the 2nd floor, and gave the flat number.

The officers took you to the flat and unlocked the gate and the door using the keys found upon your person. You confirmed that you were residing at this flat. A search was conducted at the flat, and the drugs as stated in Charge 2 and Charge 3 were found, together with many other items which were used for packaging and dispatching the drugs to other people. These included, for example, electronic scales, plastic wrappings, bowls, sieves, a sealing machine, all containing traces of cocaine. Also found in the flat was sodium bicarbonate.

Upon arrest and under caution, you admitted that the items found in the flat all belonged to you. The cocaine, you said, would be dispatched to people. The other items in the room were for packaging the cocaine. As for the ‘Ice’ quantity in Charge 3, you said it was for your own consumption. There were also inhaling devices found, and you said you used these ‘Ice’ pots for taking ‘Ice’. You were the tenant of this flat, of which the tenancy commenced on 15 February 2017 for a period of two years.

In March 2017, the seized drugs had the following estimated retail value: The cocaine, $1,398,605.36, and for the methamphetamine hydrochloride, $1,421.28.

Defendant, you are 25 years of age, and at the time of commission of this offence, you lived alone and were unemployed. You have one previous spent conviction to which you were sentenced to the Drug Addiction Treatment Centre in 2012 and was released from there in January 2013. You have been unemployed since 2014.

Mr Hotten, your counsel, has informed me that the reason why you had become involved in trafficking in such a large amount of drugs was to give money for your mother’s medical treatment. I received letters from both yourself and your father informing me that after your arrest, some one month after your arrest, and whilst you were in remand, your mother eventually succumbed to cancer and passed away. Your father informed me that since 2006 your late mother was suffering from cancer and had received three operations and numerous rounds of chemotherapy and electrotherapy. Unfortunately, apart from focusing on looking after your mother, and due to his job engagements in mainland China, he neglected to take care of you and your education. Therefore, you gradually went onto the wrong path and broke the law.

It is of deep regret, I see from your letter, that you were unable to say your last goodbyes to your mother as you were, by that time, in custody. Since then, as can be seen from your letter, you have made deep reflection on your wrongdoings and realised that it was a very, very big mistake. You have indicated to me that you will turn anew, and through your counsel, Mr Hotten, informed me that you will study hard during the time you are in custody and serving your sentence, and upon release, will turn over a new leaf and look after your father.

As Mr Hotten has acknowledged, and has told me that he has informed you, the amount of drugs involved in this case was a very large amount and there are clear guidelines as laid down by the Court of Appeal for trafficking in dangerous drugs of this sort. The guideline case is that of HKSAR v Abdallah for trafficking in dangerous drugs, of which the court laid down guidelines for starting points for traffickers after trial.

Defendant, I shall sentence you for trafficking in Charge 2 first, and then impose sentences on Charges 1 and 3.

Defendant, you had been trafficking in an amount of 910.02 grammes of cocaine. In following the starting point laid down in Abdallah, for amounts between 600 to 1,200 grammes, a starting point, after trial, which is appropriate, is one of 20 to 23 years’ imprisonment. For that amount to which you had trafficked in, had you been convicted after trial, I would have taken a starting point of 21 years and 6 months’ imprisonment.

You have pleaded guilty at the committal proceedings, and therefore you shall be awarded the full one-third discount. There are special circumstances on the papers which justify a more lenient view to be taken on the facts, and in the circumstances, I shall award you a 45 per cent discount, and you shall be sentenced to 11 years and 10 months’ imprisonment.

For Charge 1 and Charge 3, had you been convicted after trial, I would have taken a starting point of 15 months’ imprisonment. Giving you full credit for your plea of guilty, that term shall reduce by one-third to 10 months’ imprisonment. I order those two terms to run wholly concurrent to Charge 2, which makes a total term of 11 years and 10 months’ imprisonment to which you shall so serve.