HKSAR v. Ng Fong

HCCC 148/2026

[2026] HKCFI 5195

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 148 OF 2026

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

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

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

Transcript of the Audio Recording

of the Sentence in the above Case

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

COURT: The defendant plead guilty to a charge of trafficking in dangerous drugs. She was charged on 30 June 2024, outside Shop 9, To Kwa Wan MTR Station, unlawfully trafficked in dangerous drugs, namely, 13.4 grammes of a crystalline solid containing 13.4 grammes of methamphetamine hydrochloride and 0.54 grammes of a mixture containing 0.44 grammes of heroin hydrochloride.

The facts which she had admitted are as follows.

At 10.25 am on 30 June 2024, police officers including Police Constable 20956 were patrolling outside Shop 9, MTR To Kwa Wan Station. Upon spotting defendant acting furtively, PC20956 intercepted her for an inquiry.

A search on her revealed the following items in her handbag: one red packet containing one plastic bag containing 13.4 grammes of a crystalline solid containing 13.4 grammes of methamphetamine hydrochloride; and one plastic bag containing 0.54 grammes of a mixture containing 0.44 grammes of heroin hydrochloride.

At 10.37 am on the same day, Police Constable 20956 arrested defendant for possession of dangerous drugs. Under caution, the defendant claimed the dangerous drugs were for her own consumption.

Record of interview was conducted with her later that day and under caution she stated, inter alia, that she was jobless and did not have a regular address. The drugs were ‘Ice’ and heroin. She bought ‘Ice’ for HK$2,000 and heroin for $200. She bought the drugs from an unknown male who randomly approached her when she walked past a bridge in Kowloon City on the same day, and she said she had been a drug abuser for eight years as of May 2024.

The street value of 13.4 grammes of methamphetamine was HK$7,383.4 while 0.54 grammes of heroin was valued at $332.64.

According to the facts, she now admits and accepts that on 30 June 2024 outside Shop 9, MTR To Kwa Wan Station, she unlawfully trafficked in the drugs that were seized.

Defendant was born in China. She is now 45 years old. She came to Hong Kong on the strength of a one-way permit and was issued with a Hong Kong ID card. Although not a permanent resident yet.

She had previous convictions, in particular, she was convicted in 2021 of possession of dangerous drugs and she was sentenced to 8 months’ imprisonment for that.

She was educated up to Form 1. At the time of arrest, she was unemployed. I am told she relied on husband and daughter to support her financially. On her admission to the Correctional Service Institution, she was tested and was found to be positive in amphetamine. I accept she was a drug addict at the time of the offence.

There are two types of drugs here, I will take a combined approach in sentence. For 13.4 grammes of methamphetamine hydrochloride, the sentence ranges from 7 to 10 years. From the Summary of Facts and from the mitigation that was advanced on her behalf, I accept that she may be just a courier and I will give her the benefit of doubt. I would sentence her on the basis that her role is merely a courier. For that quantity of ‘Ice’ and being a courier, I chose a starting point of 7 years and 3 months.

So far as the heroin hydrochloride is concerned, it is not of substantial quantity, it is only 0.44 grammes. According to the guideline in Huang Ruifang, up to 10 grammes of heroin, the sentence ranges from 2 to 5 years. In the recent case of Yau Kai Fung, CACC 208/2024, the Court of Appeal in paragraph 44 of the judgment had this to say:

“The quantity of cocaine is relatively small, namely, 1.95 grammes. It falls within the first band under the sentencing guidelines for trafficking in heroin or cocaine, namely, up to 10 grammes which carry a sentencing range of 2 to 5 years’ imprisonment. This band is structured both to provide a deterrent effect through the applicable range of imprisonment and...”

I stress:

“...to confer on the sentencing court a discretion, where appropriate, to adopt a starting point below 2 years’ imprisonment in cases involving a very small quantities of the drugs. In such circumstances, a sentencing court should undertake an evaluative assessment in determining an appropriate starting point rather than simply engage in a purely mathematical exercise that treats 2 years as the baseline for sentencing.”

In the same paragraph the Court of Appeal quoted what Stock JA (as he then was) in the case of HKSAR v Mok Cho Tik:

“Explained that the sentencing guideline for possession of a dangerous drug was not an inflexible tariff and did not preclude the imposition of lesser terms for very small quantities where the circumstances so warrant.”

The mixture which contained heroin in this case is of very small quantity, it is only 0.54 grammes of a mixture containing 0.44 grammes of heroin hydrochloride.

Having being reminded of the correct approach when dealing with very small quantities of cocaine or heroin, I decided to enhance the original starting point of 7 years and 3 months by 3 months. In other words, the notional starting point after trial will be one of 7 years and 6 months.

There is nothing in your background which I can give you discount. In fact, I am going to treat you lenient by not taking into consideration of your previous conviction for possession of dangerous drugs in 2021.

The only mitigation in your case is your plea of guilty at the earliest available opportunity, for that I will give you a full one-third discount.

I sentence you to a term of imprisonment for 5 years for the offence which you have admitted.