HKSAR v. Chung Yee Ching

Read the full judgment text of HCCC 233/2021 on BabelCite. This High Court CFI judgment was delivered on 20 April 2022.

Case No.HCCC 233/2021[2022] HKCFI 1656
Court
High Court CFI
Date20 Apr 2022
Judge
Case Document
100%Judiciary

HCCC 233/2021

[2022] HKCFI 1656

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 233 OF 2021

________________________

  HKSAR  
  v  
  Chung Yee-ching  

________________________

Before:  Hon Andrew Chan J
Date:  20 April 2022 at 9.37 am
Present:  Mr Ngai Chun-pong Dominic, SPP of the Department of Justice, for HKSAR
  Mr Ernest Yuen, instructed by Eric Cheung & Lau, assigned by DLA, for the accused
Offence:   Trafficking in a dangerous drug (販運危險藥物)

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

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COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance, and is committed to this court for sentence.

On 16 October 2020, the defendant was intercepted by police officers outside Kwai Chung Building, Shek Pui Street, Kwai Chung after alighting from a private vehicle. Inside the private vehicle, police officers found slightly more than 217 grammes of ketamine. The street value was estimated to be around $145,000 at the time. The private vehicle was targeted by police officers much earlier. The defendant admitted that he was at the time trafficking in those dangerous drugs in question.

The defendant is 49, unemployed. He has three criminal records, none related to drug.

A letter of mitigation prepared by the defendant’s siblings has been produced. I have read the mitigating letter. Naturally, they plead for leniency on behalf of the defendant. I understand the family’s wish but personal circumstances pale into insignificance in case where serious offence is involved.

Guidelines on sentencing as set by the Court of Appeal are clear. The starting point for trafficking in 217 grammes of ketamine is one of 8 years’ imprisonment.

The defendant pleaded at his earliest opportunity and thus is entitled to the full one-third discount. For the offence the defendant stands convicted, he is therefore sentenced to 64 months’ imprisonment, ie 5 years and 4 months’ imprisonment.