HKSAR v. Yip Kwok Sing

HCCC 289/2018

[2019] HKCFI 1433

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 289 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 and also one charge of possession of a dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, also Cap 134.

The defendant was intercepted at the Customs Arrival Hall at Lo Wu Control Point and a body search reveal that there were four packets of drugs each in the form of a block tied to his lower back by elastic bands.

Under caution, the defendant admitted that a friend asked him to pick up the drugs in China to bring them back to Hong Kong to await further instructions. He turned down requests by customs officers to participate in a controlled delivery.

A search at his residential address revealed the ‘Ice’ which is a subject matter of the 2nd charge as well as inhaling paraphernalia. Upon analysis, it was found that the drugs that he was bringing back to Hong Kong was 1,390 grammes of a mixture containing 1,115 grammes of heroin hydrochloride.

Estimated street value of that was over HK$1.1 million.

The drugs found in his home was 0.57 grammes of a crystalline solid containing 0.56 grammes of methamphetamine hydrochloride with a value of about $250.

Defendant is now aged 50. He has 36 previous court appearances with 39 convictions of various types of dishonesty and drugs-related offences. Three of the drug‑related offences were trafficking. The one dated back to year 2000 in August, he received 32 months’ imprisonment in the District Court. His last conviction was for shoplifting in July 2014 for which he received 2 months’ imprisonment and he was discharged in August of that year.

As to his background, he was divorced, living with his mother who is aged 71 on social assistance. When defendant was working as a construction site worker earning about $600 per day. But at the time of this incident he was unemployed.

Counsel conceded that the greatest mitigating factor in this case is his guilty plea which I have taken into account and I have also considered the existing tariff. According to the case of Abdallah, trafficking in heroin weighing between 600 to 1,200 grammes, the tariff is one between 20 to 23 years’ imprisonment.

For the 1st charge, I adopt a starting point of 22.5 years’ imprisonment and for the cross-border factor I enhance it by 2 years to 24.5 years. He is entitled to the full one-third discount for his plea so he is sentenced to 16 years and 4 months’ imprisonment in respect of the 1st charge.

In respect of Charge 2, I adopt a starting point of 12 months’ imprisonment. Reduce it by one-third, I sentence him to 8 months’ imprisonment to run concurrently with the sentence in Charge 1.