HKSAR v. Hui Nok Lam, Quvida

HCCC 378/2025

[2026] HKCFI 4063

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 378 OF 2025

-----------------

-----------------

---------------------------------

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

---------------------------------

COURT: The defendant is Hui Nok-lam. You pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134, and you were committed to the Court of First Instance of the High Court for sentence by a magistrate. And because the Admitted Facts did not really support the charge, so I have the Admitted Facts amended.

So I will read out now basically what you have admitted. That is, at about 3.26 am on 30 October 2024, during an anti‑narcotics patrol conducted by the police, the defendant was seen walking out of JST Residences at No. 391‑393 Shanghai Street, Mong Kok, and looking around. Upon interception and a search, police found a plastic box carried in her right hand. A total of 30 plastic bags containing a total of 117.44 grammes of a solid containing 97.9 grammes of cocaine were found inside the box.

The defendant was arrested for trafficking in a dangerous drug and she stated that the drugs were for her own consumption. An iPhone and cash of HK$3,698 were found and seized from her.

In her subsequent video-recorded interview, the defendant said among others that she had the habit of consuming cocaine but she did not know her daily dosage or the drug price. And the plastic box seized belonged to her, and the cash found on her were her savings. And before me the defendant admits that she possessed the drugs in question for the purpose of trafficking. So on that basis, I formally found the defendant guilty of the charge.

Antecedent and mitigation

According to the antecedent statement, the defendant was born in June 1998. So she is now 28 years of age. She is single. The defendant is not a person with clear record. She had a conviction for theft in 2023 for which she was sentenced to 2 months’ imprisonment, suspended for 3 years. And she was convicted of theft again in 2024 and was sentenced to 2 months’ imprisonment. And because she was in breach of the suspended sentence imposed in 2023, so the 2 months’ imprisonment was activated and ordered to be served consecutively.

And defendant claimed to be educated to Form 5 standard and was unemployed at the time of the offence, and the defendant claimed that she was a drug addict and she had no fixed abode.

Mr Karl Keung, counsel for the defendant, confirmed the contents of the antecedent statement adding that she, the defendant, grew up in a single-parent family and had worked as a beautician earning about $15,000 a month. And Mr Keung submitted that defendant was a courier.

And with reference to the case of Huang Ruifang (No. 3) and adopting the sentencing approach in the case of Herry Jane Yusuph, Mr Keung submitted that the sentence will be 9 years and 3 months upon step one.

As for mitigation, Mr Keung submitted that not only the defendant pleaded guilty at the earliest available opportunity, she had bettered herself by attending a number of courses during incarceration. Certificates showing that the defendant had successfully completed various courses were submitted to the Court.

Mr Keung also submitted that the defendant was a drug dependent, intending to use part of the drug for her own consumption. Upon instructions, it was submitted that one packet or five grammes was intended to be for her own consumption. But since the defendant elected not to give evidence on this regard, Mr Keung only relied on the defendant’s urine test and her admission to the police. Mr Keung accepted that even if the defendant intended to consume five grammes, that is not a substantial amount in relation to the drug seized.

The defendant’s mother had written to this Court asking for leniency on behalf of the defendant.

My consideration for sentence

Trafficking in a dangerous drug is a serious offence. A person convicted of trafficking in a dangerous drug on indictment is liable to a fine of $5 million and to imprisonment for life.

I will first deal with the claim for self-consumption. In view of the fact that all 30 packets of drugs were inside a plastic box carried by the defendant at the time when she was intercepted and in the absence of evidence from the defendant, I am not prepared to accept that part of the drug was for her own consumption, even though she is a drug dependent.

And in any event, assuming that she did intend to consume five grammes out of the 117 grammes of cocaine, that would not amount to a substantial amount for me to consider any reduction.

So I will adopt the six-step approach in Herry Jane Yusuph.

Step one, the dangerous drug involved was 97.9 grammes of cocaine, which falls into the band of 50 to 200 grammes band with a starting point of 8 to 12 years, according to the revised guidelines in Huang Ruifang (No. 3).

Step two, on the evidence before me, the role of the defendant was that of a courier.

Step three, within the relevant band the proper starting point of this defendant is 9 years and 3 months.

Step four, there are no aggravating factors as far as the offence itself is concerned. The only other factor is that the defendant is not a first offender. However, having considered the defendant’s previous conviction are not serious or drug-related and the thefts are both shop theft, I will not enhance the starting point.

Step five, the only mitigating factor is the defendant’s early plea. I will give her the full one-third discount. While I am glad to know that the defendant tried to better herself while in custody, her effort does not amount to mitigating factor to further reduce the sentence. So with the discount, the sentence is 6 years and 2 months.

And the last step, step six, I am of the view that the sentence is fair, just, and balanced in all the circumstances of the offence and the defendant, the offender.

Sentence: 6 years 2 months.