HKSAR v. Tong Fai Keung

Read the full judgment text of HCCC 114/2022 on BabelCite. This High Court CFI judgment was delivered on 24 October 2022.

Case No.HCCC 114/2022[2022] HKCFI 3636
Court
High Court CFI
Date24 Oct 2022
Judge
Case Document
100%Judiciary

HCCC 114/2022

[2022] HKCFI 3636

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 114 OF 2022

________________________

  HKSAR  
  v  
  Tong Fai-keung  

________________________

Before:  Hon Andrew Chan J
Date:  24 October 2022 at 9.40 am
Present:  Mr Ngai Chun-pong Dominic, SPP of the Department of Justice, for HKSAR
  Ms Lau Chih-wai Lorinda, instructed by C & Y Lawyers, assigned by DLA, for the accused
Offence:   Trafficking in a dangerous drug (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 one count of trafficking in dangerous drugs, contrary to section 4 of the Dangerous Drugs Ordinance. Summary of Facts reveals the following facts.

On 5 March 2021, the defendant was intercepted by police officers near Austin Road, Tsim Sha Tsui. He was then taken to one hotel room which the defendant claimed he was residing in at the time. Inside the hotel room, the police found 21.8 grammes of cocaine. Various paraphernalia were also seized.

The street value was estimated to be around HK$29,700.

The defendant is 58 and unemployed at the time. He however has a number of criminal records in particular two similar records in the past.

Starting point for trafficking in 21.8 grammes of cocaine alone attracts a sentence of 70 months’ imprisonment which was suggested by his counsel.

However, this is not the first time that the defendant has committed the trafficking offence. So, not long after the defendant’s release, he resumed his trafficking trade. As such, an additional 2 months will be added.

The only mitigating factor in this case is the defendant’s plea which entitles him to the full one-third discount.

In summary, for the sole offence the defendant stands convicted, he is sentenced to 48 months’ imprisonment.