COURT: All three defendants faces one count of conspiracy to manufacture. The conspiracy to manufacture was for a period of about two months, and it is clear from the evidence that had emerged at the trial that the 3rd defendant, Tang Wing-hei, who is the only defendant in HCCC 116/2021, but for ease of reference, I will call him the 3rd defendant, was the mastermind of the operation. He had sought the help of the 2nd defendant, Kam Mei-yan, who helped not only with the operation but also facilitated the booking of hotel rooms. And the 1st defendant, Yip Tsz-chung, was the boyfriend of the 2nd defendant and also assisted in the operation.
The 1st defendant, Yip Tsz-chung, is 18 years old and he has a clear record. The 2nd defendant is 18 years old and also has a clear record. The 3rd defendant is 24 years old and has previous convictions but none for dangerous drugs. He had two previous convictions. One was for theft and the last one was for robbery for which he was sent to a training centre. So this will be his first case where he will be going to an adult prison.
Conspiracy to manufacture, as Mr Fung observed, is much more serious than trafficking, and these activities had lasted for over two months. The product can be substantial as can be seen when the 1st and 2nd defendants were stopped by the police in the lobby of the Grand Stanford. And with them, they were carrying the product of the manufacture in Grand Stanford Hotel.
Also, whilst it is also true what Mr Fung said, that the scale of operation is not huge and not industrial size, however, it is a very efficient manufacturing system by using different locations to reduce the chances of detection. Although the operation is relatively small, it is capable of producing substantial quantities of dangerous drug, in this case cocaine. And the length of the conspiracy is also a major factor in the consideration of sentence.
Of course, I do bear in mind what Mr Fung said, that one has to keep in mind that for the 3rd defendant, he is still a young man and too draconian a sentence would not be reasonable in this case.
Having considered the scale of the operation, the evidence that was revealed about how it proceeded from the evidence of Kam Mei-yan, I would consider an appropriate sentence in this case would be 25 years’ imprisonment after trial.
So, therefore, in the case of the 1st defendant, he had pleaded guilty in the magistrate’s court at the earliest possible time and therefore he deserves a full one-third discount.
And so the sentence for the 1st defendant is reduced to 16 years and 8 months.
In relation to the 2nd defendant, she did plead guilty also at the earliest opportunity in the court below. And more than that, it was on her evidence that the trial against the 3rd accused, Tang Wing-hei, proceeded, and I was the judge in the trial and I observed her evidence. And it is clear that the jury totally believed her because they came back with a unanimous verdict and she answered her questions truthfully. And so I will indeed consider that she deserves the full 50 percent discount.
So I will give her the 50 percent discount, which will reduce the sentence to one of 12 years and 6 months.
For the 3rd accused, there is no mitigation that can be advanced on his behalf apart from what Mr Fung had already submitted.
I see no reason to reduce the sentence of 25 years, and so the 3rd accused is sent to prison for 25 years.