HKSAR v. Lau Lee Yung

HCCC 306/2018

[2019] HKCFI 1696

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 306 OF 2018

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

Mr Lau, on 24 September 2018, you pleaded guilty before the Eastern Magistracy to one count of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134 and you are to be sentenced for trafficking in 757 grammes of cocaine.

The Summary of Facts which forms the basis of your plea has been accepted by you, but I obviously have also had the benefit of listening to the evidence of the events in full during the trial against Tsui Lok-hin.

You had been observed over a period of time as being connected at a flat on the 11th floor of Tower 6 at Mont Vert. On the evening of 30 January 2018, you were observed by Customs and Excise officers to leave the 11th floor of Tower 6 with another man whilst carrying a black plastic shopping bag.

You went down to the podium level and you walked to outside of Tower 5 and then deposited the bag beside the rubbish bins. Inside the black plastic bag which you had been seen to carry were two large black rubbish bags and inside each of these was several other transparent plastic resealable bags containing the cocaine which I know now to be crack cocaine.

Under caution, you accepted the dangerous drugs belonged to you and that you were delivering them to someone else for a reward of just HK$2,000.

The 43 plastic bags found within the two rubbish bags contained 1,034 grammes of a solid which had a narcotic content of 757 grammes of cocaine.

The estimated street value, as you have heard, of that solid and cocaine at the time was $1,128,864.

That cocaine had clearly come from Flat 11B where it appears that you, or people connected to you, were making crack cocaine using the baking powder that was found.

You too are a Hong Kong identity card holder, just 21 years of age, an adult and of previous good character.

Mr So, on your behalf, tells me that you are truly remorseful and that you hope to turn your life around by improving your education whilst in prison. That is a good thing.

I have read the letters from you, your parents, and the prison pastor which indicate to me that you are capable of using this experience for good.

The guideline case that you have heard for trafficking in between 600 and 1,200 grammes of cocaine is HKSAR v Abdallah [2009] 2 HKLRD 437 and the range of sentence is between 20 to 23 years. For 757 grammes of cocaine, I see no reason to make any differentiation between the two of you. I consider the appropriate starting point after trial in this case is 20 years and 6 months. You will of course receive a full one-third discount for your early indication of plea which is to your credit but unfortunately there is very little other mitigation which can reduce the sentence further as it is, Mr Lau, a very serious matter and the trafficking in dangerous drugs causes considerable harm to citizens of Hong Kong.

You will go to prison for 13 years and 8 months.