HKSAR v. Lee Ho Keung

HCCC 201/2019

[2019] HKCFI 3160

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 201 OF 2019

-----------------

---------------------------------

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

---------------------------------

COURT: The defendant has pleaded guilty to one count of conspiracy to traffic in a dangerous drug, he is committed to this court for sentence.

Summary of Facts reveals that in April 2017, a logistic company in Hong Kong reported to the police that it suspected that dangerous drugs had been concealed in one of its consignment cargo. Upon inspection by the police, 9.81 kilogrammes of a crystalline solid containing 9.09 kilogrammes of ‘Ice’ was found to be present inside some fitness equipment and baby strollers. The cargo was scheduled to ship to Australia on 18 April 2017. According to the shipping document, the consignee was the defendant with his passport number stated.

In June 2018, the defendant was arrested by the police.

Under caution, the defendant admitted that he was recruited by members of drug syndicate in February 2017 to go to Australia to wait for the arrival of the drugs. Upon his arrival in Australia, the defendant was instructed to rent a house and wait for further instruction. He also brought a saw and a hammer in preparation for retrieving the drugs from the fitness equipment and the baby strollers.

Having waited for two and a half months, the defendant was instructed to return to Hong Kong as the drugs could not be dispatched to Australia.

The street value of the ‘Ice’, the drugs, was estimated to be about HK$2.8 million.

The defendant is 24, single, unemployed prior to the commission of the offence. He was a warehouse attendant at the Hong Kong International Airport, receiving a daily wage of $400 per day. It was submitted that in September 2016, the defendant was asked by his friend, also a warehouse attendant, if he wanted to earn some quick money by going to Australia to receive some drugs. Due to financial reasons, the defendant agreed.

It was further submitted that the defendant only received AU$13,000 and HK$10,000 as expenses when he waited for the drugs in Australia. He had not received any rewards upon his return to Hong Kong.

In mitigation, a number of letters prepared by family and friends have been submitted. They plead for leniency from the court. I understand their request but unfortunately I cannot accede to for I am bound by the guidelines of the higher court. Further, personal circumstances pale into insignificance in a case as serious as the present one.

Guidelines on sentencing are clear. The starting point for trafficking in over 9 kilogrammes of ‘Ice’ should be one of 28 years’ imprisonment. Although the defendant was charged with conspiracy offence, in substance the substantive offence had been made out but for the interception of the drugs by the police. The defendant was given the task in Hong Kong to go to Australia to receive the drug. He played his part as a member of one international drug syndicate. As such, the defendant will be sentenced on that basis.

In this case there is also the international element. This increases the criminality of the offence. For that, an extra 2 years will be added.

For the offence the defendant stands convicted, he is therefore sentenced to 20 years’ imprisonment.