HKSAR v. Hui Ka Lun

HCCC 287/2018

[2019] HKCFI 1308

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 287 OF 2018

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

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COURT:

Mr Hui, you pleaded guilty on 10 September 2018 before the Eastern Magistrates’ Court to one count of trafficking in 790 grammes of methamphetamine hydrochloride, we call that ‘Ice’, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, and you have confirmed that plea today.

The street value of what you had on you in January 2018 was $551,304.

Someone was going to make a significant profit from those drugs, but I doubt very much if that was going to be you.

The Summary of Facts has been read out to you and you have agreed them. They form the basis of your plea for sentencing purposes.

You were intercepted in Sun Wan Road, Sheung Shui at 3.10 pm on 5 January 2018, having crossed the border into Hong Kong via Lok Ma Chau at 2.56 pm. A single plastic bag containing almost a kilogram of solid was found wrapped around your waist, which contained the ‘Ice’.

Upon arrest, you said you delivered the drugs over the border for others and you were to be paid $1,000 for that. That is a small reward for 1 kilogram of drugs, but I note that you seem to be crossing the border regularly, and so perhaps the reward on that occasion reflects that. But you are to be sentenced for this offence alone. That sentence is significant enough.

I also note that while you were frank with the officers upon arrest, that admission was the full extent of your cooperation as you refused to assist with any controlled delivery and you remained silent in interview, which is of course, your right.

Ms Cheng, on your behalf, has provided the court with a bundle of documents, including medical reports and letters from those closest to you. It appears that you have had a difficult life and that prior to 2016, you were in full employment and had a steady relationship. Unfortunately, you had a work accident which has caused you some difficulty since that date and that is why you say that you turned to drugs, firstly in order to ease your symptoms and then, later, as a means of income.

But it is not as simple as that, is it, Mr Hui? If it was, perhaps the court could be more lenient, but you have been in trouble with the courts before. It was a long time ago, but suggests that your relationship with drugs was not simply because of your poor physical health in 2016, and the bad company you fell into.

In 1994, for three separate matters, you were dealt with by this court for trafficking in dangerous drugs. You appear to have served a sentence of 8 years, so you knew full well the risks of trafficking. You were only 19 years of age then, and I have been told that you were estranged from your father and had left home. It is to your credit that you managed to stay out of trouble after you were released from prison and to hold down a good job.

Your antecedents statement shows that you are now 43 years of age, a Hong Kong resident and had previously been employed as a transportation worker. Ms Cheng and the letters which I have read, say that you are truly remorseful, but this court has to take into account the serious harm which is caused by those who traffic in Hong Kong.

There is very little which can be said by way of mitigation, which can reduce the sentence, and you as a mature man, would have fully understood the consequences of drug trafficking.

It is within your power now to reduce further the sentence I am about to pass, and that is a matter for you and for your conscience, if you are truly remorseful and do not wish others to be hurt by dangerous drugs.

The relevant sentencing guideline for the offence of trafficking in ‘Ice’ in October of 2017 is HKSAR v Abdallah [2009] 2 HKLRD 437. For trafficking in between 600 and 1200 grammes of ‘Ice’, the sentencing range is between 20 and 23 years. For trafficking in 790 grammes of ‘Ice’, I consider an appropriate starting point after trial, in all the circumstances of this case, to be 21 years. There is also the aggravating feature of importation for which I intend to enhance your sentence by 1 year and 6 months, making a total of 22 years and 6 months. You will of course, receive a one-third discount for your plea at the earliest opportunity.

That is to your credit and you will go to prison for 15 years.