COURT: The defendant pleaded guilty before a magistrate for two counts of trafficking in dangerous drugs and one count of manufacturing a dangerous drug. He is committed before me for sentence.
On 24 January 2024, the police conducted an anti-narcotics operation on the 29th Floor, Tower 5, The Pacifica on Sham Shing Road, Cheung Sha Wan.
At about 5 pm, the defendant was seen on 29th floor, walking towards Flat G. While he was entering the flat, the police stopped him for investigation. Upon search on the defendant, a total of 47.2 grammes of a solid containing 41.4 grammes of cocaine was found inside a paper bag carried by the defendant.
Under caution, the defendant said he was in debt and thus selling drugs to earn money for a living. A search was conducted in Flat G, and a total of 1,525.89 grammes of a solid containing 1,071.7 grammes of cocaine and 983 grammes of a solid containing 824 grammes of cocaine hydrochloride
were found. Some of the cocaine was placed on an electric stove, metal steam rack and metal pots. There were also an electric dryer and the humidifier. These are apparatus fit for the use of manufacturing saleable cocaine. Chemicals, including sodium bicarbonate and phenacetin, were also found. Paraphernalia were also found in the flat, including a sealing machine, electronic scale and resealable plastic bags.
Under caution, the defendant admitted he manufactured drugs to earn more money for his living.
In a subsequent video-recorded interview, the defendant said a person named Ah Man instructed him to rent the flat to manufacture, packing and deliver drugs. Ah Man knew he was in debt and promised him a reward of $10,000 for selling a kilogramme of cocaine. He started to manufacture cocaine a week ago and this was the first time he tried to deliver drugs to others. He has not yet received any rewards.
The estimated street value of the drugs seized was 1.56 million in powder form and 2.1 million in crack form.
The defendant is 31 years old. He was born in Hong Kong and received education up to Form 3 level. He is a single child and was brought up single-handedly by his mother. He previously worked as a supervisor in a high-end restaurant, but he lost his job in 2023. He incurred heavy debts due to his investments in cryptocurrency. In desperation, he accepted the offer to manufacture and traffic drugs for a reward.
The defendant has one previous criminal conviction which was unrelated to drugs and was committed in 2015. In mitigation, Ms Chan, counsel for the defendant, submitted that the defendant is now very remorseful and he accepts full responsibility for his misdeed. While the defendant was in custody, he completed two foundation certificate courses and has enrolled in undergraduate courses offered by the Hong Kong Metropolitan University.
The defendant and his mother wrote letters to the court, expressing the defendant’s remorse. They wish that this court could give a lenient sentence such that the defendant can return to society and live a new life as soon as possible.
In considering the sentence for the offence of trafficking in dangerous drug, this court should follow the six steps’ approach set out in HKSAR and Herry Jane Yusuph [2021] 1 HKLRD 290 and follow the guidelines in HKSAR and Huang Ruifang (No. 3) [2025] 2 HKLRD 138.
As submitted by Ms Chan, there is a close proximity between Charges 1 and 2, and the quantity of drugs in respect of the two charges should be considered as a whole in assessing the suitable starting point for sentence.
The total quantities of cocaine amounts to 1,937.1 grammes. Applying the tariff under Huang Ruifang, the appropriate starting point should be 20 years and 6 months’ imprisonment.
Regarding the role of the defendant, as he is involved in manufacturing, repacking and delivery of drugs, he is not a mere courier. However, as this factor will be reflected under the sentence of Charge 3, which is the most serious charge in this case, I am not minded to consider any enhancement because of the defendant’s role for Charges 1 and 2.
To consider the proper sentence of Charge 3, as submitted by Ms Chan, this court should assess the seriousness of the facts with reference to the overall circumstances. In the present case, considering the quantity of cocaine found in the unit, in my view, the operation can be said to be of a medium scale. I would adopt the suggestion of Ms Chan for a starting point of 23 years for Charge 3, and in my view, this term of sentence can fairly reflect the gravity of the offences committed in this case.
In the circumstances, for both Charges 1 and 2, I adopt a starting point of 20 years and 6 months’ imprisonment. And for this matter, apart from the defendant’s guilty plea, I can see no other valid mitigating factors. Giving the one‑third discount to the starting point, the sentences for Charges 1 and 2 are reduced to 13 years and 8 months’ imprisonment for each charge.
For Charge 3, as I said, I adopt a starting point of 23 years’ imprisonment and reduce to 15 years and 4 months for the defendant’s guilty plea. And I order that all terms of the sentence for all charges are to run concurrently.
