The facts are not uncommon in Hong Kong in that on 10 March last year, the defendant arrived from Penang on a flight and he was stopped by customs officers and his suitcase was searched but nothing was found. Upon a body search, part of the drugs were found concealed inside his underwear and under caution he admitted that it belonged to him and it was cocaine. The other part of the drugs were found concealed underneath the insoles of the pair of shoes the defendant was wearing. The defendant admitted that those drugs belonged to him and that they were cocaine.
The records of the airline revealed that the defendant was on a single-journey flight from Penang to Hong Kong on that day.
The street value of the drugs seized was in the region of HK$362,579.
The defendant has a clear record in Hong Kong and he is a Taiwanese passport holder and is aged 36. Mr Wong, who represents him in this sentencing today, has said all he can say in his written submissions to the court. He has a girlfriend in Taiwan and he also has an elderly father in Taiwan whom he supported. His last employment was as a salesman but due to the decline in sales, he ceased working and had been suffering financial difficulties due to his unemployment. So he was tempted to earn easy money by indulging in this trafficking in dangerous drugs. Mr Wong submitted that the defendant has a clear record not only in Hong Kong but in Taiwan and that he is remorseful.
Now, trafficking in a dangerous drug in Hong Kong is a very serious offence. It is particularly serious when drugs are being brought into Hong Kong for dispersal in Hong Kong society. The drugs in the present case is 320.3 grammes of a solid containing 253.2 grammes of cocaine and according to the case of Pedro Nel Rojas in 1994, cocaine is to be treated similarly to heroin and thus the sentencing guidelines for heroin is applicable.
So for trafficking in between 200 to 400 grammes of drug, the tariff of sentence which is recommended by the Court of Appeal is within the bracket of 12 to 15 years’ imprisonment. I have taken everything to consideration and I have decided that the starting point will be one of 12½ years.
I also accept Mr Wong’s submission that the enhancement of sentence due to the international element should be 6 months more, thus giving a total of 13 years’ imprisonment. And I accept that the early plea of the defendant demonstrates his remorse and so I give him the full one-third discount which would bring the sentence down to 8 years and 8 months.
All right, so the defendant is sentenced to 8 years and 8 months.