COURT: Mr Cheung, you pleaded guilty at the first opportunity to one count of trafficking in 83.5 grammes of cocaine, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134 before the Eastern Magistrates’ Court on 13 January 2020 which is a long time ago.
The Summary of Facts which form the basis of that plea has been read out to you today and you have confirmed them and as such it was actually read out to you on the last occasion and you confirmed them but as such you are formally convicted before this court on your plea.
Since that date, you have given evidence in trial against your co-defendant and I therefore heard you on oath as to the role you played and it is on that basis that you will be sentenced today.
The background to your offending concerned a parcel which had been sent from Canada to Hong Kong addressed to someone called Chris Wong at an address in Jordan Road. There is no evidence to suggest that you were a party to that arrangement at its inception. Indeed, there is no evidence that you even knew of its existence at that stage. The parcel was intercepted by Customs and Excise on 3 December 2018 and found to contain cocaine secreted within body lotion. There is no evidence to suggest that you were aware of the parcel or its contents at that stage either.
Customs and Excise carried out a controlled delivery to the material address which was unsuccessful. At that point in time on 9 December 2018, you gave evidence you were asked by someone else to chase the receipt of the parcel by a third party who had failed to receive it. That was your role. You were to ensure delivery to the third party and provide all the necessary information to him in order for him to obtain the parcel. It was never intended that you should take receipt yourself or have any other dealings with it.
On 10 and 11 December, you did just that. You provided the necessary details to the third party and you discovered the whereabouts of the parcels in order to have it delivered to him. Even then, you had no intention of taking receipt of the parcel yourself. You had no instructions as to what was to be done with it or its contents. The only reason you were apprehended was that the parcel, presumably at the instructions of the controlled delivery officers, was thrust into your hands by that third party through a half-open door in a further controlled delivery after his arrest.
I accept that you did not take it in order to deal with it yourself at that time. I accept you did not voluntarily take receipt but you had attended at the address to check he had the parcel because you did not trust him. Your role was limited to ensuring receipt by the third party and onwards transmission by him.
You are now 32 years of age and is a resident of Hong Kong. You were educated up to secondary three. You are single and had no fixed employment prior to arrest and you have just one relevant matter on your criminal record which is of trafficking in dangerous drugs in 2014 when you were sentenced to a term of imprisonment of 5 years and 6 months but you have not been before the courts since that date.
The sentencing guidelines for trafficking in cocaine can be found in HKSAR(R?) v Lau Tak Ming [1990] HKLR 370. For trafficking in between 50 to 200 grammes, the range of sentencing after trial is between 8 and 12 years. For 83.5 grammes therefore, the starting point after trial would be 8 years and 11 months’ imprisonment.
However, these guidelines are premised upon the role of a courier and I take the view having heard your evidence that your role was to facilitate, at a late stage, someone else to be the courier or storekeeper of the drugs and your input was minimal. You had no idea what the drugs were or their weight but you accept you knew the parcel was to contain drugs.
Because of the view I have taken of the facts and of your role, I reduce that starting point to one of 8 years and 6 months.
You have given evidence in this matter, that is to your credit. I take the view that your evidence was reliable and creditworthy and so I intend to give you a full 50 per cent discount for that assistance which reduces the sentence I must pass to one of 4 years and 3 months.
You had been remanded since 11 December 2018 which is almost three years ago which I understand should result in your imminent release. But for the avoidance of doubt, I sentence you to time served in the expectation of your immediate release.