HKSAR v. Wong Ka Lok

HCCC 168/2023

[2023] HKCFI 2571

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 168 OF 2023

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

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COURT: Defendant, on 29 June 2023, you pleaded guilty to a charge of trafficking in dangerous drugs before a magistrate sitting at the Eastern Magistracy. You have also admitted the Summary of Facts in support of that charge. As a result of your plea of guilty, you have been committed here to the Court of First Instance for sentence. In respect of the charge, you admitted that on 8 July 2022, outside Hoi Lee Building, Nos. 58-60 Sai Wan Ho Street, Chai Wan, you unlawfully trafficked in 7.531 kilogrammes of a solid containing 6.526 kilogrammes of cocaine.

On 8 July 2022, police conducted an anti-narcotics operation outside Hoi Lee Building. At around 1713 hours, you were seen walking out from that building holding three paper bags. A police officer intercepted you and disclosed his identity. You immediately dropped the three paper bags and started to struggle. You were however subdued.

Upon checking of the three bags you dropped onto the ground, a total of eight blocks of cocaine with the net purity of 6.526 kilogrammes were found. Shortly thereafter, you were arrested for trafficking in dangerous drugs and under caution, you admitted trafficking in the dangerous drugs because you were in debt.

Upon a body search of you, a key was found inside your black shoulder bag as well as three mobile phones with SIM cards. A house search at flat A on the 1^st floor of that building was conducted under a search warrant and some items, such as a digital scale, a paper cutter, recycle bags and a tenancy agreement signed by you on 27 February 2022 were seized.

Later that day, a video-recorded interview was conducted with you by a police officer under caution. In summary, you told the police that in about March 2022, you met a man on Facebook called Ah Wai and he asked you if you wanted to make quick money that is delivering cocaine for $3,000, and you agreed. In late March 2022, you rented flat A on the 1^st floor of the building for $10,000 a month and that was used for the storage of cocaine. You had paid the rental and only you had the door key to the flat.

At about 1 pm on 8 July, the day of your arrest, you received a call from Ah Wai to get two bags of cocaine from under a bush in Yuen Long. You picked up the two bags of cocaine and brought them to your flat in this building using your van. Later, Ah Wai contacted you and told you to deliver these eight blocks of cocaine in three paper bags to a person called Carlos. You were told you would receive $3,000 from Ah Wai for the delivery of each block of cocaine. As you were transporting the drugs or delivering the drugs to Carlos, that is when you were intercepted by the police.

The estimated street value of the cocaine seized from you in the three paper bags, that was eight blocks of cocaine estimated to be $7.7 million-odd if in powder form and about $12.5 million if in crack form.

Mr Paul Leung, your counsel, has submitted written mitigation to me of which I shall repeat now. You are 28 years of age, single. You have been educated up to Form 6 level in Hong Kong. You were born and raised in Hong Kong. You live with your 93-year-old grandmother, parents and elder sister prior to this offence.

(Discussion re standing down)

Court adjourns - 12.20 pm

Court resumes - 12.24 pm

Accused present. Appearances as before.

COURT: Between 2016 and early 2022, you have been working as a driver and a logistics worker. However, at the time of the offence you were unemployed. You are a man of clear record, never having been convicted of an offence.

I am informed by Mr Leung, your counsel, the reason for you committing this offence, though acknowledging this is not an excuse, was that you were under severe financial pressure, owing a large sum of money of about $400,000. At the time, this debt was incurred because you purchased a vehicle for your logistics work, however you were unable to repay the debt given your limited income. Hoping to make quick money, you then were tempted by Ah Wai to deliver dangerous drugs for him.

Mr Leung has correctly informed the court about the guidelines laid down in HKSAR v Abdallah [2009] 2 HKLRD 437. The band to which the quantity of drugs of 6,526 grammes of cocaine falls is in the band of between 4,000 to 15,000 grammes of cocaine which would attract a sentence of between 26 to 30 years’ imprisonment if you had been convicted after trial. As Mr Leung has said, your role in trafficking in these drugs was that of a courier and a storekeeper of the drugs. I accept this is within the lowest band.

In this case, defendant, there are no aggravating factors and save for your early plea of guilty at the first opportunity, there are no other mitigating factors.

In sentencing you for this quantity of drugs which is 6,526 grammes of cocaine, had you been convicted after trial I would have taken a starting point of 26 years and 9 months’ imprisonment. As I mentioned earlier, the strongest mitigating factor and only mitigating factor is your early plea of guilty and for that, you shall be awarded the full one-third discount.

In the circumstances, defendant, you shall be sentenced to 17 years 10 months’ imprisonment.