HKSAR v. Fong Wai Chun

Case No.HCCC 171/2024[2024] HKCFI 3337
Court
High Court CFI
Date23 Oct 2024
Judge
Case Document
100%

HCCC 171/2024

[2024] HKCFI 3337

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 171 OF 2024

________________________

  HKSAR  
  v  
  Fong Wai-chun  

________________________

Before:  Hon Andrew Chan J
Date:  23 October 2024 at 4.10 pm
Present:  Mr Antony Leung, SPP of the Department of Justice, for HKSAR
  Mr Ching Wan-fung, instructed by Ernest Tang, Solicitors, assigned by DLA, for the accused
Offence:   Trafficking in a dangerous drug (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 one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.

On the 12 April 2022, the defendant went to Kerry Warehouse in Kwai Chung to collect a consignment sent from Vietnam to Hong Kong. After signing on the acknowledgement receipt of the consignee, the defendant was then arrested by Customs Officers.

Inside the consignments, two motors were found. Inside the two motors, two cylinders containing 8.8072 kilogrammes of cocaine was found. The street value of the cocaine in question was estimated to be HK$9.8 million.

The defendant admitted that he was knowingly in possession of all the cocaine seized.

Defendant is now 23, educated up to Form 6 level. He has a clear record. Prior to his arrest, he was unemployed. Mitigation letters from school principal, teachers have been submitted. I have read all of them. They understandably asked the court for leniency. I understand their wishes, however my hands are tied by the guidelines laid down by the Court of Appeal.

Guidelines for trafficking in 8.8 kilogrammes of cocaine would be one of 27½ years’ imprisonment.

Although the cocaine in question was shipped from Vietnam to Hong Kong, there was however no evidence pointing to the contrary that the defendant was the one involved in arranging that. I am prepared to accept the fact that he was simply acting in the other end of this drug operation. As such I am not going to increase the sentence because of, for example, international element being involved.

Given the past contribution by the defendant to the communities, 6 months will be deducted from the notional starting point. The starting point will be fixed at 27 years’ imprisonment.

The defendant is entitled to the full one-third discount for his earliest plea. For the sole offence the defendant stands convicted, he is therefore sentenced to 18 years’ imprisonment.