HKSAR v. Ma Ka Kin

HCCC 312/2017

[2021] HKCFI 2433

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 312 OF 2017

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

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COURT: The defendant was convicted by jury of one count of attempting to traffic in a dangerous drug.

Evidence during trial revealed that on 19 October 2016, a parcel containing 1.185 kilogrammes of cocaine was intercepted by Customs officers at the Hong Kong International Airport. A controlled delivery operation was mounted. On 3 November 2016, a van driver with a Post Office notification card came to collect the parcel. Subsequently, Customs officers went to the address stated on the notification card at which the defendant was arrested.

The jury found that the defendant, with full knowledge of the dangerous drug being concealed inside the parcel, was trying to import the dangerous drug in question into Hong Kong. After his conviction on the last hearing, the defendant’s sentence was adjourned so that the possibility of him providing a non-prejudicial statement to the Customs could be explored. A non-prejudicial statement was indeed given by the defendant but this court was informed that the prosecution would not rely on the defendant’s evidence against any other suspect or suspects in this case. So in other words, the non-prejudicial statement is of no practical usefulness in this case.

There is another criminal allegation in this case too, and that criminal allegation is in relation to perverting the course of justice against his former legal representative. Since that allegation is still under the police investigation and to a certain extent not directly relevant to the drug offence, I shall proceed to deal with the defendant’s sentence today.

As pointed out, the defendant was found by jury in attempting to import 1.185 kilogrammes of cocaine into Hong Kong. Although the defendant is charged for attempting, evidence pointed to the fact that the substantive offence indeed had been completed but for the discovery by the Customs officers. In light of that, the defendant will be dealt with in accordance with the guidelines set by the Court of Appeal pertaining to substantive offence. Guidelines in that regard are clear. The starting point for trafficking in 1.185 kilogrammes of cocaine is one of 22 years’ imprisonment.

In this case, there is also the international element. As such, an additional 1 year will be added. The defendant was convicted after trial. I fail to see any other mitigating circumstances in this matter. For the offence the defendant stands convicted, he is therefore sentenced to 23 years’ imprisonment.