HKSAR v. Pun Yik Ho

HCCC 147/2026

[2026] HKCFI 5001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 147 OF 2026

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

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COURT: The defendant pleaded guilty before a magistrate for two counts of trafficking in dangerous drugs. He is now before me for sentence.

On 8 April 2025, at around 5.37 pm, the defendant was intercepted by the police when he was leaving Unit D, on 12th Floor, King Yip Factory Building, King Yip Street, Kwun Tong. The police gained entry to Unit D using a key found on the defendant.

Upon search of the unit, 399 grammes of cannabis in herbal form, 645.55 grammes of a solid containing 20.68 grammes of tetrahydrocannabinol and 155 tablets containing 27.7 grammes of ecstasy were found.

Under caution, the defendant admitted that he sold the drugs as he was in need of money.

The defendant was escorted to his home in Tsuen Wan on the same day at around 11 pm. Upon search, 680 tablets containing 120 grammes of ecstasy were found in the wardrobe in the defendant’s bedroom.

Under caution, the defendant admitted he collected the drugs from Unit D for repacking at home.

In a subsequent video-recorded interview, the defendant said he had a gambling debt of $200,000 and a person named MJ recruited him to traffic drugs. Someone left the key of Unit D for him to pick up at a flowerbed near his home.

The drugs were stored in Unit D and he would take the drugs to clients at housing estates and collect cash from them. Part of the cash collected was his reward and he would transfer the money to MJ at a convenience store using a QR code. Part of the cash collected was his reward and he would transfer the money to MJ at a convenience store using a QR code.

The defendant is now 29 years old. He received education up to Form 6 level. He used to be a casual construction worker but at the time of his arrest he was unemployed. He is married and his wife is living in the mainland. He has a clear record.

In consideration of sentence, this court should apply the six-step approach set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, and follow the guidelines on quantity in HKSAR v Nguyen Thang Loi [2023] 1 HKLRD 1329, and also Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1.

In my judgement, a global approach should be adopted for sentencing in this matter. As submitted by Mr Wong, counsel for the defendant, taking into account the overall quantity of ecstasy involved under the two charges, the proper starting point in respect of trafficking in ecstasy should be 7 years and 2 months’ imprisonment.

For the cannabis, the quantity involved should attract a starting point of around 4 months’ imprisonment. However, by adopting the combined approach, I am of the view that 2 months should be added to the overall starting point in respect of the quantity of cannabis involved.

The role of the defendant was not a mere courier. He held the key of a place where the drugs were stored, and he repackaged the drugs before delivering the same. For his role, I would enhance the sentence for 3 months. There is more than one type of drugs involved, and for this I would enhance the sentence for 2 months.

Apart from the defendant’s guilty plea, there is no other valid mitigating factor.

In the circumstances, for Charge 1, I adopt the starting point of 5 years and 3 months’ imprisonment and giving a one-third discount because of his guilty plea, the sentence is reduced to 3 years and 6 months’ imprisonment.

For Charge 2, I adopt the starting point of 7 years and 9 months’ imprisonment. And for the defendant’s guilty plea, the sentence is reduced to 5 years and 2 months’ imprisonment.

The sentences of the two charges shall run concurrently.