HKSAR v. Leung Pui Hang Chili

HCCC 183/2018

[2019] HKCFI 713

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 183 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, Leung Pui-hang Chili, pleaded guilty to one count of trafficking in a dangerous drug before a magistrate, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134 and he was committed to the Court of First Instance of the High Court for sentence.

The facts disclosed that on 21 August 2017, police officers saw a private car stopping outside 22 Bute Street. The defendant was the driver. The police approached the car and searched it. At the footwell of the driver’s seat, the police found a paper box containing the dangerous drugs mentioned in the particulars of offence, namely 1,455 grammes of a powder containing 848 grammes of ketamine with an estimated street value of HK$576,180.

Upon arrest and under caution, the defendant admitted to delivering the dangerous drug for a reward and that he knew the box contained ketamine.

Background and mitigation

The defendant is a 35 years old man born in mainland China. He is single but he has three daughters who do not reside with him. He was educated up to Form 2 level in Hong Kong.

The defendant is not a first offender. He had appeared 12 times in court with a total of 14 convictions which included offences of violence, assault and dishonesty, deception. He has one previous conviction of trafficking in a dangerous drug in 2004 and he was sentenced to a drug addiction treatment centre.

Mr Alan So, counsel for the defendant, mitigating on behalf of the defendant, gave me a bit more information. Mr So told me that the defendant has a father, 68 years old with heart problem. Mother is also aged, also had heart problem plus Parkinson disease. Though the defendant is not married, he had been cohabitated with a woman who since deserted him, leaving three daughters aged 14, 12 and 10. And as the defendant was in and out of prison, these three daughters have been kept in a children’s home or more than one children’s homes.

Mr So submitted that defendant pleaded guilty at the first available opportunity so he is entitled to the full one-third discount. Mr So also stressed that the defendant was only a courier. He asked this court to be as lenient to the defendant as possible.

Trafficking in a dangerous drug is a serious offence. A person convicted of this offence on indictment is liable to a fine of $5,000,000 and to an imprisonment for life. In the case of Secretary for Justice v Hii Siew Cheng, the Court of Appeal set down guidelines for the trafficking of ketamine. Trafficking 600 to 1,000 grammes of ketamine, the appropriate starting point is within the range of 12 to 14 years. The ketamine involved in this case is 848 grammes.

After considering the circumstances of the offence, in particular the weight of the ketamine, I am of the view that a starting point of 13½ years is appropriate and giving the defendant a one-third discount, the sentence is one of 9 years. There are no circumstances for me to further reduce the sentence.