HKSAR v. Ng Mark Bryan

Case No.HCCC 49/2024[2025] HKCFI 485
Court
High Court CFI
Date02 Dec 2024
Judge
Case Document
100%

HCCC 49/2024

[2025] HKCFI 485

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 49 OF 2024

________________________

  HKSAR  
  v  
  Ng Mark-Bryan  

________________________

Before:  Hon Andrew Chan J
Date:  2 December 2024 at 11.37 am
Present:  Mr Anthony Leung, SPP of the Department of Justice, for HKSAR
  Mr Victor C F Cheung, instructed by Tai, Tang & Chong, 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 a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.

In the afternoon on 21 May 2021, customs officers found 474.6 grammes of MDMA, that is methylenedioxy-methamphetamine concealed inside a postal parcel originating from Germany to Hong Kong. A controlled delivery operation was mounted.

On 24 May 2021, the defendant went to Tung Chung Post Office with a postal notification card to collect the parcel. After collection, he was intercepted and arrested by customs officers.

The street value was estimated to be slightly over HK$320,000.

The defendant admitted that he unlawfully trafficked in the dangerous drugs in question.

The defendant is 28, educated up to Form 4 level. Prior to his arrest, he was a cook. In order to repay his debt, he agreed to provide his address to take the delivery of the dangerous drugs in question. The defendant has two convictions, both unrelated to trafficking. He was on 31 October 2024 sentenced to 8 months’ imprisonment for dealing with property known or believed to represent proceeds of an indictable offence.

Guidelines for sentencing are clear. The notional starting point for trafficking in 474.6 grammes of MDMA is one of 10 years and 9 months’ imprisonment. Without further evidence pointing to the contrary, this court accepts that the defendant was acting as a simple courier on the day in question.

Apart from the defendant’s earliest plea, there is no other mitigating factors in the present case.

For the sole offence the defendant stands convicted, he is therefore sentenced to 86 months’ imprisonment, to run consecutively to the sentences imposed under E/1941/24 and TM/1827/24.

I/we certify that to the best of my/our ability and skill, the foregoing is a true transcript of the audio recording of the above proceedings
Jeremiah Barcena Castro
Date: 4 December 2024