HKSAR v. Chan Hon Wing

Read the full judgment text of HCCC 255/2021 on BabelCite. This High Court CFI judgment was delivered on 8 July 2022.

Case No.HCCC 255/2021[2022] HKCFI 2426
Court
High Court CFI
Date08 Jul 2022
Judge
Case Document
100%Judiciary

HCCC 255/2021

[2022] HKCFI 2426

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 255 OF 2021

________________________

  HKSAR  
  v  
  Chan Hon-wing  

________________________

Before:  Hon Andrew Chan J
Date:  8 July 2022 at 10.54 am
Present:  Mr Tsui Wo-chung Jones, SPP of the Department of Justice, for HKSAR
  Mr Kwan Hang-fan Jasper, instructed by Cedric & Co, assigned by DLA, for the accused
Offence:   (1)  & (3)  Trafficking in a dangerous drug (販運危險藥物)
  (2)  Manufacture of a dangerous drug (製造危險藥物)

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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 two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.

In the evening on 3 December 2014, the defendant was intercepted by police officers at a car park in Fanling. Inside one plastic bag that he was carrying, police officers found 1,077 grammes of cocaine.

With keys found from the defendant, a house search was conducted at one nearby premises. Police officers found another 746 grammes of cocaine.

The total seizure was 1,823 grammes of cocaine and its street value was estimated to be about HK$1.8 million.

The defendant is now 69 and has three conviction records but none relating to drugs. Apart from his plea, I cannot think of or I cannot see any other mitigating factors.

Starting points for trafficking in 1,077 grammes and 746 grammes of cocaine are 22 years’ imprisonment and 20.5 years respectively. In this case, given the fact that the defendant entered his plea after a retrial ordered by the CFA, the appropriate discount in my view should be one of 25 per cent. As such, for the 1st and the 3rd count, after discount the sentences are reduced to one of 16 years and 6 months and 15 years and 4 months and 15 days respectively.

Given the total quantity of cocaine seized, it is ordered that 1 year and 6 months of the imprisonment term imposed on the 3rd count will run consecutively to the 16 years and 6 months imposed on the 1st count, thus making a total of 18 years’ imprisonment.

So in conclusion for the two counts of trafficking in a dangerous drug the defendant stands convicted, he is sentenced to 18 years’ imprisonment.