HKSAR v. Yim Ngok Ying

HCCC 247/2018

[2019] HKCFI 600

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 247 OF 2018

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

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COURT:

The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The defendant was intercepted by customs officers at customs arrival hall, Lok Ma Chau for clearance, and he was found in possession of two bags of drugs, the larger one found tucked between the back and belt loop of his trousers and the smaller one seized from the right front trousers pocket. It is amended to the jacket pocket. Thank you.

Under caution, the defendant said that a friend asked him to collect the larger bag of drugs from Shenzhen and to take it back to Hong Kong. He further said that a smaller packet found on him was slipped into his pocket, whilst the larger packet was passed to him. He said he was promised a reward of $5,000. He now admits that he was in possession of all the drugs for purpose of trafficking. Upon analysis, the drugs were found to be 995.63 grammes of a crystalline solid containing 986.6 grammes of methamphetamine hydrochloride, with a market value of slightly over $555,000.

The defendant is now aged 68. He has four previous convictions, all unrelated to drugs. His last conviction dates back to 2008 for a charge of theft, for which he received 10 months’ imprisonment. By way of mitigation, I was told that the defendant is married, his wife is in Shanghai. He used to be a decoration worker for over 30 years, but was unemployed at the material time. He committed the present offence because he succumbed to the temptation of earning quick money.

In sentencing the defendant, I have considered his guilty plea, mitigation forwarded by counsel, and the existing tariff for trafficking in ‘Ice’. For trafficking in over 600 grammes of ‘Ice’, the same tariff as prescribed in Abdallah of those quantities of heroin, which is between 600 to 1,200 grammes, the tariff is one between 20 to 23 years. The narcotics in the present case, being 986.6 grammes of ‘Ice’, I adopt the starting point of 21 years and 6 months. With a cross-border feature, I enhance the starting point by 1.5 years, to 23 years.

The defendant indicated not guilty plea at the committal proceedings, but through his lawyers, wrote into the Court of First Instance before this case was set down for trial to ask for a date for plea and sentence. He is entitled to a 25 per cent discount and is sentenced to 17 years and 3 months.