HKSAR v. Ho Ka Yu

Case No.HCCC 388/2023[2024] HKCFI 3003
Court
High Court CFI
Date09 Sep 2024
Judge
Case Document
100%

HCCC 388/2023

[2024] HKCFI 3003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 388 OF 2023

________________________

  HKSAR  
  v  
  Ho Ka-yu  

________________________

Before:  Hon Andrew Chan J
Date:  9 September 2024 at 10.19 am
Present:  Mr Chan Hing-man Raymond, SPP(Ag)  of the Department of Justice, for HKSAR
  Mr Lee Kwok-chuen Victor, instructed by Morley Chow Seto, 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)

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

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COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.

In the morning of 27 July 2021, the defendant was intercepted by police officers at Yen Chow Street, Sham Shui Po. Upon a personal search, police officers found 1,195 grammes of heroin, three mobile phones and cash in the amount of over HK$62,000.

Under caution, the defendant admitted that he was tasked with delivering the heroin in question and in return, he would receive HK$10,000 as a reward.

Further investigation led the police to a flat which was rented by the defendant earlier that month in Sham Shui Po. Inside the flat, police officers found a further 33 kilogrammes of heroin and 39 kilogrammes of methamphetamine.

In one video interview, the defendant told police officers that similarly, he was instructed to deliver those drugs in question for financial reward.

The defendant is now 60, unemployed and educated up to Form 3 level. He has one trafficking record in 1985.

Guidelines for trafficking in 1.2 kilogrammes of heroin is one of 23 years’ imprisonment. Given his past similar record, an additional 1 year will be added.

As the defendant has tendered his plea at the earliest opportunity, a full one-third discount will be given in relation to Count 1. For the 1st count the defendant stands convicted, he is therefore sentenced to 16 years’ imprisonment.

As to the 2nd count, the amounts of the two drugs were exceedingly large. The sentencing guideline would be in excess of 30 years. However, in view of the circumstances in this case, a sentence of 19 years will be adopted after giving the necessary discount to the defendant.

Given the total amount of the dangerous drugs involved, the two sentences imposed both on Count 1 and Count 2 will be ordered to run concurrently.

In conclusion, for the two counts of trafficking in a dangerous drug the defendant stands convicted, he is sentenced to 19 years’ imprisonment.