HKSAR v. Chan Yuet San

Read the full judgment text of HCCC 157/2024 on BabelCite. This High Court CFI judgment was delivered on 23 January 2025.

Case No.HCCC 157/2024[2025] HKCFI 772
Court
High Court CFI
Date23 Jan 2025
Judge
Case Document
100%Judiciary

HCCC 157/2024

[2025] HKCFI 772

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 157 OF 2024

________________________

  HKSAR  
  v  
  Chan Yuet-san  

________________________

Before:  Hon Andrew Chan J
Date:  23 January 2025 at 9.38 am
Present:  Mr Raymond H M Chan, SPP(Ag)  of the Department of Justice, for HKSAR
  Mr Yuen Kwok-wah Bernard, instructed by Lau & Ngan, Solicitors LLP, 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 in the Magistrates’ Court. He is committed to this court for sentence.

In the afternoon on 11 June 2022, the defendant was intercepted by police officers in Yau Ma Tei. Upon a body search, 54.7 grammes of ‘Ice’, ie methamphetamine, placed inside two plastic bags was found.

The street value was estimated to be just over HK$31,000.

The defendant is now 32, educated up to Form 3 level. Prior to his arrest, he worked as a masseur making $40,000 a month. The defendant also has two criminal records involving five charges, all related to dangerous drugs and part I poisons.

Guideline for trafficking in 54.7 grammes of methamphetamine is clear. Given the defendant’s past criminal record, a notional starting point of 10 years would be adopted. In the absence of any evidence pointing to otherwise, the defendant will be treated as a simple courier in the present case.

The defendant is entitled to the full one-third discount for his earliest plea. As such, for the sole offence the defendant stands convicted, he is sentenced to 80 months’ imprisonment.