HKSAR v. Enkhbaatar Lutbaatar

HCCC 117/2021

[2022] HKCFI 3351

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 117 OF 2021

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

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COURT: Mr Enkhbaatar, you have been found guilty after trial by jury. It was a unanimous verdict. The jury found that you knew what it was you were doing that day. You knew that you were in possession of a considerable amount of ‘Ice’ even if you did not know exactly how much and that you were going to be delivering it to somebody else. That is the offence of trafficking in dangerous drugs.

It is a very serious offence, especially when in this country, we have a serious problem with the amount of drugs that come into the country and are used by people in the country, but also drugs that are then moved out of the country. That is bad enough without the fact that you are not a citizen of this country. You are our guest and you have abused that status, but I am not going to punish you for that because the sentence that you now face after trial is a very large one and my hands are tied as to that sentence.

I have very little discretion, which is why I am not going to start adding a few months here and there for anything else, even although they are not the same, this is not the first time you have been before our courts.

I accept that the people that are truly going to be punished as a result of your offending are your family. I know your wife is currently here, although I suspect she might now return to Mongolia, but your children will be grown men by the time they see you again and that is very sad but it is a direct result of what you chose to do and on your head be it.

This was 988 grammes of ‘Ice’ and in accordance with HKSAR v Abdallah Anwar Abbas, the sentence I must pass upon you is one of 21 years and 9 months’ imprisonment.