COURT: The defendant pleaded guilty to the offence of trafficking in a dangerous drug before a magistrate on 23 January this year. It is alleged that on the 14th day of October 2023, at the Hong Kong International Airport, he unlawfully trafficked in 8.61 kilogrammes of cocaine narcotic.
According to the Summary of Facts to which he admitted, on the evening of 14 October 2023 he arrived at the Hong Kong International Airport by air from Sint Maarten en route Paris. Customs officers spotted the defendant standing on a crutch near the baggage reclaim carousel at the arrival hall with an electric wheelchair next to him. Upon inquiry, the defendant admitted ownership of the wheelchair but claimed its battery to be malfunctioning.
Upon examination, a total of 13 packets of cocaine were found concealed in the back cushion of the wheelchair. The defendant stated under caution that he did not know about the suspected dangerous drug found from the wheelchair. He said the wheelchair was lent to him by a friend called Bolo so that he could use it whilst visiting Macau. He denied receiving any reward.
Upon examination, the 13 packets of cocaine were found to contain a total of 10.58 kilogrammes of a solid containing 8.61 kilogrammes of cocaine with a street value of HK$10,495,360.
At the time of his arrest, the defendant also had in his belongings a hotel booking in Macau for 9 to 14 October 2023, several purported boarding passes of different combinations, cash of different currencies and a mobile phone with two SIM cards.
Throughout the whole course of the investigation, the Customs officers did not observe any difficulty in walking to the extent that a wheelchair was required.
Upon examination of the defendant’s mobile phone, the officers found certain WhatsApp communications with Bolo.
On 9 October 2023, Bolo sent a news link regarding Hong Kong’s flight conditions amidst the adverse weather to the defendant, telling him to pay for one night’s hotel stay before flying out again. The travelling details mentioned by Bolo coincided with one of the purported itineraries found on the defendant regarding a flight from Paris to Hong Kong on 9 October. On that day, Hong Kong was under the influence of a strong typhoon and was unable to take incoming flights.
On 11 October 2023, Bolo asked the defendant to fly out on the next day to “set the deal in order”, and that the two of them would get “a little bit of money”. He told the defendant that “the thing is ready” and sent out a set of itinerary which coincided with the flight schedule eventually taken by the defendant to Paris en route Hong Kong. Upon receipt of the boarding passes, the defendant asked Bolo to “delete it”.
On 12 October 2023, Bolo asked the defendant to disguise the nature of the cash on his as proceeds of Bitcoin trade. Between 13 and 14 October 2023, Bolo asked the defendant to “do a few more things”, and to “go to where the money is”. He was also planning additional destinations for the defendant upon arrival in Hong Kong, and he sent the Macau hotel booking from 9 to 14 October 2023 to the defendant.
The defendant now admits and accepts that at the material times, he knowingly dealt with or in as well as possessed the seized cocaine for the purpose of unlawful trafficking.
The defendant came from Suriname and is now 53 years of age. He claimed that he was a widower and worked in a car rental company. In mitigation, counsel Mr Beel informed me that his wife of 17 years passed away from cancer in September 2020, and they did not have any children. He committed the offence due to debts that he owed. Counsel urged me to take into account the guilty plea at the earliest opportunity and give him the full one-third discount.
Counsel also urged this court that when considering the aggravating feature of international element, the enhancement should be put in proportion and the need for a strong enhancement lessens because of the high starting point of about 25 years. Counsel submitted that his role was one of a mere courier. Counsel also informed me he was not disabled to the extent that he needed any wheelchair to assist his mobility. The wheelchair in this case was only used to conceal the drug.
In sentencing the defendant, I do bear in mind the approach set out by the Court of Appeal in the case HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, as clarified by the case of HKSAR v Lee Ming Ho [2024] 1 HKLRD 1186. According to the revised guidelines in the recent Court of Appeal case of HKSAR v Huang Ruifang [2025] HKJCA 234, the starting point for trafficking between 5,000 and 15,000 grammes of cocaine narcotic is 24 to 27 years’ imprisonment. So, for 8.61 kilogrammes of cocaine narcotic, the mathematical starting point is 25 years and 1 month’s imprisonment. The mathematical starting point is appropriate for people such as couriers or storekeepers who are at the bottom of the trafficking hierarchy.
I do accept that in this case, the role of the defendant was one of a courier who brought the drug into Hong Kong. However, his role and culpability was also aggravated by the international element of the case. Having considered the overall circumstances including his role as a courier, the international element and the quantity of the cocaine narcotic concerned, I consider that the appropriate notional starting point after trial should be 27 years’ imprisonment.
The defendant pleaded guilty at the earliest opportunity and he is entitled to the full one-third discount. As such, I will give him the full one-third discount and reduce the sentence to that of 18 years’ imprisonment. So the sentence to be imposed on the defendant is 18 years’ imprisonment.
