HKSAR v. Yuen Ka Chun

HCCC 63/2020

[2020] HKCFI 2026

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 63 OF 2020

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

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COURT:

Defendant pleaded guilty before a magistrate to one charge of trafficking in dangerous drugs and one charge of possession of a dangerous drug. He was committed to the Court of First Instance for sentence. In sentencing, I have taken into account the whole circumstances of the case, including its nature and facts, in particular, the type and quantity of the drugs involved as well as the personal background of the defendant and mitigation put forward on his behalf.

The facts of the case may be summarized as follows. On 7 April 2019, the defendant was stopped by two police officers inside a shop, and a search was conducted on him. Inside the sling bag the defendant was carrying were three plastic bags, each containing dangerous drug put in resealable plastic bags. The drugs in defendant’s possession and in which the defendant admitted to be trafficking in were later confirmed to be 41.7 grammes of a crystalline solid containing 41.1 grammes of methamphetamine hydrochloride, commonly known as ‘Ice’, and 7.12 grammes of a solid containing 6.02 grammes of ketamine.

There was a batch of 2.56 grammes of a solid containing 1.98 grammes of cocaine which the defendant admitted to be in possession only, and there is no allegation that this batch of drugs was for trafficking.

I was told that the defendant is 29 years of age. He was educated up to Form 3 and had worked as a part-time kitchen worker and then a chef earning about $22,000 a month. Later, he lost his job and had worked intermittently as a part-time chef.

The defendant is not a first-time offender. In 2013, he was convicted twice for possession of a dangerous drug and for which he was put on probation and fined respectively. Subsequently, he breached the probation and was sentenced to DATC instead.

Learned counsel for the defence, Mr Chan, stressed that the defendant pleaded guilty at the earliest opportunity and is now full of remorse. He said the defendant was under financial pressure and foolishly committed the offence for a promised reward of $3,000 which he has not received.

The defendant had been co-operative upon arrest. Mr Chan told the court that the defendant had tried hard to be in gainful employment and had been contributing financially to the family. The defendant was particularly caring to his elderly grandmother. The defence produced a letter of the defendant in which he expressed remorse.

The defendant trafficked in two types of drugs, namely ‘Ice’ and ketamine. In the present case, obviously, ‘Ice’ was the prominent drug both in terms of its harm and quantity. I will adopt the combined approach in consideration of the sentence.

There were about 41 grammes of ‘Ice’. According to HKSAR v Tam Yi Chun, CACC 524/2011, a sentence of 7 to 11 years’ imprisonment should be considered. For the ‘Ice’ the defendant trafficked in, a starting point of 108 months is called for. The effect on sentence of the additional quantity of ketamine is, by itself, not very significant but traffic in two different types of drugs amounts to an aggravating feature.

Having regard to the whole of the circumstances including the aggravating feature, in my judgment, a starting point of 9 years and 3 months for the trafficking charge is appropriate.

For the possession charge, taking into account that there were 1.98 grammes of ‘Ice’ in the defendant’s possession, I adopt a starting point of 12 months.

The defendant pleaded guilty to both charges before a magistrate and is therefore entitled to a one-third discount. Having considered the whole circumstances, including mitigation submission, I am of the view that this is the extent of discount the defendant is entitled to.

So, defendant, please stand up. I sentence you to an imprisonment term of 6 years and 2 months for Charge 1; for Charge 2, 8 months’ imprisonment. Having regard to totality, I order the sentences for the two charges to run concurrently. You are to serve a total sentence of 6 years and 2 months for the two charges.