HKSAR v. Tsang Chiu Hung

HCCC 115/2020

[2021] HKCFI 3031

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 115 OF 2020

________________________

________________________

________________________

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

________________________

COURT: I note the amount of time the defendant has already spent in remand pending the conclusion of this trial. I note the judgment of the Court of Appeal in HKSAR v Wong Pui Wo Kenny [2018] 5 HKLRD 424. I regard this as a not dissimilar case and I am of the view that this is also an exceptional case where a custodial sentence is not appropriate notwithstanding that for this offence and this quantity of drugs, a custodial sentence would normally be imposed.

I will not therefore impose a custodial sentence and that therefore avoids the need to call for a report under section 54A of the Dangerous Drugs Ordinance.

I fine the defendant $20,000 and order that that amount be taken from his bail money.