HKSAR v. Woon Chee Shyong

HCCC 423/2024

[2025] HKCFI 3383

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 423 OF 2024

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

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COURT: The defendant pleads guilty to one count of trafficking in dangerous drugs. On 22 September 2023, the defendant arrived to Hong Kong on a plane from Malaysia and was refused permission to land Hong Kong. On X-ray examination of his suitcase, two repacked paper boxes were found and 18 foil packages of cocaine were found inside. The cocaine was later certified by a government chemist to be a total of 991.3 grammes of a solid containing a total of 796.7 grammes of cocaine.

In a subsequent video-recorded interview, the defendant said that he agreed to deliver stuff to Hong Kong for a person named Fat Boy with a reward of 5,000 Malaysian Ringgit and he would wait for Fat Boy’s instruction after he arrived at Hong Kong.

The estimated street value of the cocaine was HK$877,166.7.

The defendant is now 53 years old. He has a clear record in Hong Kong. He received education up to Primary 6 level in Malaysia and was unemployed at the time of his arrest.

In considering the appropriate sentence for trafficking in cocaine, I make reference to the judgments of the Court of Appeal in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, and also the case HKSAR v Huang Ruifang [2025] 2 HKLRD 138. The quantity of cocaine involved in this case is 796.7 grammes. Under Huang Ruifang, the starting point for trafficking in cocaine for 500 to 1,500 grammes should be 16 to 20 years’ imprisonment.

The defendant was entrusted with a large quantity of drugs transporting from Malaysia to Hong Kong. His role cannot be described as a mere courier. And I will take this factor into account in deciding the starting point in accordance with the Court of Appeal judgment in HKSAR v Lee Ming Ho [2024] 1 HKLRD 1186. Considering the quantity of drugs involved in this case and the role of the defendant, I will adopt a starting point of 18 years’ imprisonment.

I do not consider the fact that the defendant is a Malaysian will cause any hardship for him to serve his sentence in Hong Kong. There is no valid mitigating factor apart from the defendant’s guilty plea. Taking that into account, the sentence is therefore reduced to 12 years’ imprisonment.