HKSAR v. Lee Yuek Sing

HCCC 7/2019

[2019] HKCFI 2110

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 7 OF 2019

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

The defendant has pleaded guilty to two counts of trafficking in a dangerous drug. He pleaded guilty in the Eastern Magistracy and was committed to the Court of First Instance for sentence on 7 January 2019.

The defendant was stopped and searched by police officers on 13 April 2018 at about 11.30 pm. The defendant was in possession of the drugs of Charge 1, namely 43.9 grammes of a crystalline solid containing 42.5 grammes of methamphetamine hydrochloride, ‘Ice’. The drugs of Charge 2 was subsequently found in his home during a home search, namely 60.16 grammes of a crystalline solid containing 58.50 grammes of methamphetamine hydrochloride.

The facts of this case are straightforward. On the material day, the defendant appeared to turn away and scurry off when he saw police officers. This caused the police to chase him and during the chase the defendant threw a red “lai see” packet onto the ground. He was intercepted and the packet retrieved. It contained four plastic bags containing the 43.9 grammes of a crystalline solid containing 42.5 grammes of ‘Ice’.

The defendant was arrested and cautioned. Under caution, he admitted that the ‘Ice’ belonged to him. The keys to his home were found in his pocket. His home was nearby. It was then searched. The police found the drugs of Charge 2 in his home as well as a spoon, electronic scale, a pair of scissors, a bundle of empty resealable transparent plastic bags as well as similar red “lai see” packets. These items are all paraphernalia often related to packing dangerous drugs. The defendant was arrested and cautioned again and under caution he admitted that he would sell ‘Ice’ to make money.

In a subsequent video-recorded interview, the defendant elaborated and he told the police that he had purchased ‘Ice’ from someone called “Ah Keung” that same day. This man would give him packing paraphernalia and told him to separate the ‘Ice’ to resell. He would pack the ‘Ice’ at home and deliver it to clients. He agreed that the packet he threw to the ground when being chased by the police belonged to him and he was on his way to deliver it to a client.

The estimated street value of all of the drugs in Charges 1 and 2 was $72,218.

I have heard mitigation put forward on behalf of the defendant. His best mitigation is his plea of guilty. He is 63 years old and was living alone at the time of his arrest. He only received primary school education in Hong Kong and was unemployed when arrested.

The defendant is not a man with a clear record. He has seven previous convictions and was convicted of trafficking in dangerous drugs in 1988 in the High Court and then in September 2007 in the District Court.

Ms Lai has said all she can say on behalf of the defendant. I have heard he was a construction site worker from 2001 until he became unemployed in February 2018. He did marry in 2011 and his wife was granted a one-way permit to settle in Hong Kong around the time of this offence. The defendant was hoping to better his financial situation and provide for her when she moved to Hong Kong permanently. As a result of his arrest, it is unsure if she is now able to move to Hong Kong. He had also incurred a debt of around HK$200,000 when a karaoke business he invested in failed in 2017. As a result of his financial situation, he took the risk to sell dangerous drugs to make money.

I have also taken into account two mitigation letters submitted, one from the defendant tendering his apology and expressing his genuine remorse. The other letter is from a Mr Lau, a missionary in the Victory Church who has known him for a number of years and asks for leniency on his behalf.

Sentencing Guidelines

The Court of Appeal has set down guidelines for sentencing those who traffic in ‘Ice’ in the authority of HKSAR v Tam Yi Chun, CACC 524/2011. In that authority, the starting point for trafficking between 70 to 300 grammes of ‘Ice’ is between 11 and 15 years’ imprisonment. Here, the total amount of ‘Ice’ in Charges 1 and 2 is 101 grammes, which mathematically speaking would attract a starting point of 11 years and 6 months.

Defendant, please stand up. There are two charges here and I intend to add the drugs of both charges together and consider a global starting point. After considering mitigation and the facts of this case as well as the defendant’s background, I find that 11 years and 6 months is an appropriate starting point for this amount of drugs.

Defendant pleaded guilty at the earliest opportunity and is entitled to a discount of 3 years and 10 months for that plea. After that discount is applied, the defendant is sentenced to Charge 1, 7 years and 8 months; Charge 2, 7 years and 8 months. The two charges will be served concurrently. Therefore, the defendant is sentenced to a total of 7 years and 8 months. Do you understand that sentence?

ACCUSED: Yes.