On the 7 March 2024, the police conducted an anti-drug operation in the vicinity of Winner Factory Building at Hung To Road, Kwun Tong. At about 7.46 pm, the police intercepted the 1st defendant at the lift lobby on Ground Floor. Upon inquiry, the 1st defendant said she was living in a room at 12th Floor of the building. The 1st defendant was then brought to the lift lobby on 12th Floor, and a body search was conducted there where 80 packets of cocaine were found inside the pocket of her jacket.
The 1st defendant was arrested. And under caution, she said she was helping someone to bring the drugs to others in the street without remuneration. The drugs were later confirmed to be 20.2 grammes of a solid containing 14.6 grammes of cocaine.
The 1st defendant was then escorted to the unit where she lived, and she used a passcode and keycard to gain access there too.
Upon search of the unit, 186 packets of drugs were found. Under caution, the 1st defendant said she helped someone to pack the drugs in the unit and deliver the drugs to others. The drugs were later confirmed to be 42.86 grammes of a solid containing 30.95 grammes of cocaine.
When the police and the 1st defendant were still in the unit, the 2nd defendant, who was the 1st defendant’s boyfriend, returned to the unit and was arrested. The 2nd defendant has in his possession a keycard of the unit, and his DNA was later found at the edge of the plastic bags containing the packets of drugs found inside the unit.
The 1st defendant is now 25 years old, and at the time of the offence, she was 23. She is locally born and received education up to Form 5 level. She worked as a fashion salesperson for nearly two years until two months before her arrest. She has no criminal record.
In August 2025, the 1st defendant gave a non-prejudicial statement to the police, setting out the 2nd defendant’s involvement in the present case.
Mr Kevin Chan, counsel for the 1st defendant, submitted that the 1st defendant’s NPS led to the 2nd defendant’s change of position to a guilty plea which was indicated some months after the NPS was served. In his mitigation for the 1st defendant, Mr Chan submitted that the 1st defendant committed the present offence under the influence of the 2nd defendant, who was at the time her boyfriend. Mr Chan submitted that the 1st defendant is now very remorseful and determined to turn a new leaf to her life. She has enrolled in the improvement courses provided by the Correctional Services Department and also actively participated in Father Wotherspoon’s Voice for Prisoners programme, which was funded by the Security Bureau, warning Hong Kong people to stay away with drug trafficking. In the programme, the 1st defendant had shared her own story in a YouTube video.
Father Wotherspoon had written a letter verifying the 1st defendant’s participation in the programme. The 1st defendant and her mother have also written to the court saying that the 1st defendant is now very remorseful for her misdeed and promised to be a better person after her release.
The 2nd defendant is now 29 years old. At the time of his arrest, he was 27. He received formal education up to Form 6 level, then studied at the Chinese Culinary Institute and reached a title of mid-level cook. He opened a small snack shop in 2019, but it was closed down because of the pandemic, and as a result, the 2nd defendant was in huge financial difficulty. The 2nd defendant has two sons with his girlfriend, Ms Chan, and in order to support his family, he worked as a construction worker on a casual basis from 2023 until his arrest. The 2nd defendant has two previous convictions, with one on possession of dangerous drugs, for which he was fined HK$2,000.
Mr Christopher Wong, counsel for the 2nd defendant, submitted in mitigation that the 2nd defendant met the 1st defendant in January 2024 and had an intimate relationship with her. The 1st defendant rented and lived in the subject unit in this case, and the 2nd defendant would stay at the unit occasionally. The 2nd defendant did help the 1st defendant to buy packing materials and was involved in repacking the drugs in the unit.
In considering the appropriate sentence for trafficking in cocaine, this court should adopt the six-step approach as set out in the judgement of the Court of Appeal in HKSAR v Herry Jane Yusuph [2021] 1 HKRLD 290.
For the sentencing tariff for trafficking in cocaine, this court should make reference to HKSAR v Huang Ruifang (No. 3) [2025] 2 HKRLD 138, the starting point for trafficking in cocaine of 10 to 50 grammes is 5 to 8 years’ imprisonment.
For the 1st defendant, the overall quantities of cocaine involved in the two charges is 45.55 grammes. As submitted by Mr Chan, the appropriate overall starting point should therefore be 7 years and 8 months’ imprisonment.
For the 2nd defendant, only Charge 2 is relevant, and the quantity involved is 30.95 grammes. The appropriate starting point should therefore be 6 years and 6 months’ imprisonment.
In considering the appropriate starting point, I will regard the roles of both the defendants as no more than a mere courier. For the 1st defendant, by looking at the timeline of the sequence of events, I accept Mr Chan’s submission that it is consistent with, and more probable, that the 1st defendant’s NPS has an effect on the 2nd defendant’s change of plea. I agree with Mr Chan that a discount of more than one-third should be given for the 1st defendant’s plea and assistance, but I am of the view that a discount of 45 per cent is excessive, and in my view, an overall discount of 40 per cent is appropriate in the circumstances.
Besides, I accept that the 1st defendant has participated actively in the anti-drug trafficking campaign, and her participation is substantial. I will allow a maximum of 3 months reduction on the overall sentence for the 1st defendant’s participation.
For the 2nd defendant, apart from his guilty plea, I do not see any valid mitigating factor.
Although in the case of the 1st defendant, I accepted that her NPS led to the 2nd defendant’s change of plea, this factor has no adverse effect whatsoever on the 2nd defendant’s sentence. The 2nd defendant will be given the full one‑third discount for his guilty plea.
In conclusion, for the 1st defendant, the overall starting point is 7 years and 8 months’ imprisonment. The sentence is reduced for 40 per cent to 55 months for the 1st defendant’s guilty plea and assistance. The sentence is further reduced for 3 months to 52 months for her participation in Father Wotherspoon’s campaign. The 1st defendant’s sentence is therefore 4 years and 4 months for each charge, and the sentences of the charges are to run concurrently.
For the 2nd defendant, the sentence is reduced by one‑third from 6 years and 6 months’ imprisonment to 4 years and 4 months’ imprisonment, and he is so sentenced.
