HKSAR v. Puang Chun Lam

HCCC 406/2019

[2020] HKCFI 2989

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 406 OF 2019

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

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COURT: Defendant had pleaded guilty in the Magistrates’ Court to one count of trafficking in a dangerous drug, namely 3,507 grammes of a mixture containing 2,929 grammes of heroin hydrochloride and 5,991 grammes of a crystalline solid containing 5,966 grammes of methamphetamine hydrochloride.

The facts are all too common for Hong Kong. The defendant arrived in Hong Kong from Kuala Lumpur. He was intercepted at the Hong Kong International Airport and the drugs were found in his suitcase. Initially, upon caution and arrest, the defendant denied ownership and knowledge of the drug.

Subsequently, in a video-recorded interview, he then alleged that a friend called Kelive had packed his suitcase for him while he was sleeping and he then took the suitcase to Hong Kong together with Kelive and that just before he went through customs, Kelive had gone to the toilet.

And these drugs were examined and subsequently found to be worth, in total, about HK$6 million.

The defendant is aged 25 and has a clear record in Hong Kong. Mr Woon has said all he could say on his behalf in his written submissions. The defendant asserts that he earns 2,000 Malaysian dollars a month as an auto-beautician in Malaysia and that he contributes money for his father’s medical treatment. So when a friend of his offered for him to bring drugs to Hong Kong for a reward of 10,000 Malaysian dollars, he agreed to do so. Mr Woon submits that the defendant is not the mastermind in this case but a mere courier. But in these types of drug-trafficking cases, the couriers are actually very important player in the whole drug-trafficking family.

The only mitigation I can see in this case is the fact that the defendant pleaded guilty at the earliest opportunity. Mr Woon also submitted on behalf of the defendant a letter from Reverend Peter Wong asking for leniency. But drug trafficking is such an evil trade and to be bringing drugs into Hong Kong deserves a greater punishment because it is an evil that will be practised on Hong Kong citizens once the drugs get disseminated into society, and as a Christian which the defendant appears to be, he should realize that this may cause a lot of heartaches and tragedies in families in Hong Kong of drug addicts.

The total weight of the drugs in this case amounts to 8,895 grammes and the Court of Appeal has laid down guidelines in Abdallah in 2009 for this amount of drugs. It is without a doubt a very severe sentence that the defendant will have to face. Although the drugs consist of two different types, I will sentence it together as if it was one drug under the guidelines in Abdallah. And the Court of Appeal says that for trafficking in between 4,000 to 15,000 grammes, the sentence after trial should be in the region of between 26 to 30 years’ imprisonment. And an aggravating feature in this case is the fact that the defendant was bringing the drugs into Hong Kong and so there is the international element which would merit an increase of sentence by not less than 2 years.

I will adopt a starting-point sentence of 27 years and plus the 2 years for the international element, thus bringing the starting point to 29 years. So taking one-third off for his plea, I will sentence the defendant to 19 years and 4 months’ imprisonment.