HKSAR v. Lai Wai Ming

HCCC 317/2018

[2019] HKCFI 1421

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 317 OF 2018

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

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COURT:

On 2 October 2018, you pleaded guilty before a magistrate to the offence of trafficking in a dangerous drug. You admitted that on 20 January 2018, at Sun Hin Building, No 603-609 Nathan Road, Mong Kok, you trafficked in 65 grammes of crystalline solid containing 56.4 grammes of methamphetamine hydrochloride, otherwise commonly known as ‘Ice’. As a result of your plea of guilty, you have been committed to the Court of First Instance for sentence.

At about 8.40 pm on 20 January 2018, you were seen by police officers acting suspiciously on the street. Plain clothes police officers then followed you into the lift of Sun Hing Building. Whilst inside the lift you were talking on the phone and telling the person on the other end that the goods were coming up. You got out of the lift on the 11th floor and you were stopped and searched by the police officers. The drugs in the quantity as stated in the charge were found inside your right jacket pocket. In your left rear jeans pocket they found cash of $43,005. Inside your right trousers pocket there was a wallet but there was no cash inside of it.

You were arrested and under caution you said that you were helping someone else to sell the drugs. In your subsequent video-recorded interview you accepted that you were acting as a courier to deliver the drugs and you said that you had trafficked in this drug to pay off a debt of about $400,000. You claimed that the cash found on you was too much to put inside your wallet and you claimed it was your savings from your previous employment as a mechanic. At the time of arrested, however, you were unemployed. The estimate street value of the dangerous drug seized was $36,270.

Your counsel, Ms Money Lo, has, on your behalf, submitted her written mitigation. She has also expanded and referred to this in her oral mitigation before me. You are aged 32. At the time of commission of this offence you were 31. And you are a man of clear record. You have been educated to secondary form 3 and you previously had the habit of smoking ketamine.

As regards your family members, your parents were divorced when you were very young, aged five, and you were brought up in a single parent family. You were brought up by your father together with your elder brother who is a couple of years older than you. Your previous employment was as an air-condition technician and it appears to me that you had good gainful employment with a well-known company.

Quite unfortunately, however, you came into contact with some bad company. As a result of that, you then started taking drugs, more particularly ketamine. In 2017, as a result of that, you lost your employment. You then borrowed money as you could not make ends meet and racked up this huge debt. As a result of this debt, this lured you into making quick money and you therefore committed this offence.

Your father, who is quite elderly and not of good health, and brother are both here today to support you. Despite your very distant relationship before the commission of this offence, it appears to me that, as a result of the commission of this offence, this has certainly brought your family closer together and talk much more. I accept what Ms Lo has informed this court, that you are certainly very remorseful and since that date you cooperated fully with the police and have done everything whilst you have been remanded in custody to try and turn a new leaf.

I have also noted you in your letter that you are determined to quit drugs, reflect on yourself and start anew. You wish to, when you do eventually reintegrate into the community, fulfil your filial son duties and take care of your father. Your father and your brother have written letters in support of you and said that you are actually a very good caring young man and, as a result of your bad social circle, that you committed this offence.

Defendant, it is quite unfortunate that you were aged 31 and of clear record a quite mature man with a good job that led you to commit this offence. The reason you have given for committing the offence is quite a common one. Generally, but I am not saying it is always the case, it is usually the youngsters that fall into this bad company. It is rare to see someone at your age with a clear record committing this offence.

I accept, of course, you are remorseful through your early plea of guilty at the first opportunity. That is your strongest and only mitigating factor. For that you will be awarded the full one-third discount. As your counsel, Ms Lo, rightly pointed out, there are tariffs or guidelines for trafficking in the drug ‘Ice’. The relevant case authority is that of Tam Yi Chun. For trafficking in the amount between 10 to 70 grammes an appropriate starting point, had you been convicted after trial, would be one of between 7 to 11 years’ imprisonment. You were trafficking in 56.4 grammes of ‘Ice’. Had you been convicted after trial, I would have taken a starting point of 10 years’ imprisonment. However, you have pleaded guilty and giving you the one-third discount you shall be sentenced to 6 years and 8 months’ imprisonment.