HKSAR v. Tsang Tsz Lok

Read the full judgment text of HCCC 90/2022 on BabelCite. This High Court CFI judgment was delivered on 23 August 2022.

Case No.HCCC 90/2022[2022] HKCFI 2934
Court
High Court CFI
Date23 Aug 2022
Judge
Case Document
100%Judiciary

HCCC 90/2022

[2022] HKCFI 2934

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 90 OF 2022

________________________

  HKSAR  
  v  
  Tsang Tsz-lok  

________________________

Before:  Hon Andrew Chan J
Date:  23 August 2022 at 9.50 am
Present:  Mr Ngai Chun-pong Dominic, SPP of the Department of Justice, for HKSAR
  Ms Lam Tsz-yin Priscilia, instructed by Vitus Lawyers, assigned by DLA, for the accused
Offence:   (1) Trafficking in a dangerous drug (販運危險藥物)
  (2) Trafficking in dangerous drugs (販運危險藥物)

________________________

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

________________________


COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug and is committed to this court for sentence.

On 24 September 2020, the defendant was intercepted by police officers whilst entering the Largos Hotel in Kowloon. Upon a search of a bag carried by the defendant at the time, police officers found 485 grammes of methamphetamine hydrochloride, subject matter of Charge 1.

A further search of a room in the hotel, the police found 71 grammes of methamphetamine, a mixture containing 11.8 grammes of monoacetylmorphine and 3.45 grammes of heroin and 561 grammes of heroin, the subject matter of Charge 2.

The street value is estimated to be around HK$1.3 million.

The defendant is 28, educated up to Primary 6 level. Prior to his arrest, he alleged to be a lifeguard and well, he was a lifeguard but unemployed at the time. He has one criminal record but not relating to drugs.

Starting point for trafficking in 485 grammes of methamphetamine is one of 216 months of imprisonment. Starting point for trafficking in all those dangerous drugs as mentioned in Charge 2 is one of 242 months’ imprisonment.

Given the total quantity of the dangerous drugs mentioned in both Charge 1 and Charge 2, and adopting the outcome of the ratio test, the total sentence would be one of 270 months.

In view of the above, it is ordered that 28 months of Charge 1 will run consecutively to the 242 months imposed on Charge 2, thus making an overall starting point of 270 months’ imprisonment.

The defendant will be given the full one-third discount for his plea. In conclusion for the two offences the defendant stands convicted, he is sentenced to 180 months’ imprisonment, ie, 15 years’ imprisonment.