COURT: The defendant, Cheung Kong-fung, faced one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134. The defendant pleaded guilty before a magistrate and was committed to the Court of First Instance of the High Court for sentence.
Summary of Facts
On 11 August 2024, the defendant was seen by police officers to be driving a private car (TV9438) and using a mobile phone at the same time at Tuen Mun Road. The officers followed him and stopped him for inquiry.
While the officers were searching a sling bag carried by the defendant, the defendant ran away towards the direction of Ting Kau and was subdued by the officers who gave chase. The defendant was brought back to the private car and witnessed the search of the car.
The police found inside a recycle bag hung behind the front passenger seat what was later confirmed to be 976 grammes of a solid containing 791 grammes of cocaine.
From various parts of the car, including under the carpet and the storage compartment, the police found what was later confirmed to be a total of 1.46 grammes of a solid containing 1.32 grammes of cocaine. So the police found a total of 977.46 grammes of a solid containing 792.32 grammes of cocaine.
From the person of the defendant, the police found HK$18,743 and a mobile phone.
A house search was conducted in the defendant’s home and no illicit item was found.
The street value of the cocaine involved was estimated to be HK$698,970 (in powder form) and over a million, $1,023,526 (in crack form).
The defendant admitted he trafficked the cocaine in question at the material time.
Background and Mitigation
According to the antecedents statement, the defendant was born on 15 September 1972, so he is now 53 years of age. Almost 54 actually, only a few more days. The defendant is not a first offender. He has a conviction of blackmail in 2011 and was sentenced to 14 months’ imprisonment. He also had a conviction of common assault in 2021 and was ordered to perform 100 hours of CSO and to pay compensation of $2,000. There was no other information provided in the antecedents statement.
Ms Kamina Lai, defence counsel, provided more background information on the defendant. The defendant started working after completing Form 5 and had worked as a construction worker, driver and a transportation worker. The defendant got married in 2003 and had a daughter now aged 22 and a son now aged 16. His wife is a mainlander who can only visit Hong Kong from time to time, so he and his parents were the main caregivers for the children.
The defendant established his own fruit store in 2017 and was able to earn a monthly income of around $40,000. However, he had to cease his business as a result of the social situation in 2019 and the COVID pandemic from 2020. He was unable to get a full-time job, so he worked as a taxi driver with unstable income. The defendant had aged parents both over 80 who rely on him for support. The defendant was under huge financial difficulties and he was lured by a friend called “B Gor” to deliver the drug in question to make quick money.
With reference to the letters written by the defendant and his family members to this court, counsel submitted that the defendant is genuinely remorseful. He had bettered himself by studying while in custody. The defendant asks for leniency.
The defendant, his parents and his daughter wrote to the court asking for leniency. The defendant himself and his family members all stressed the deep remorse felt by the defendant for having committed this offence and that the defendant promised he would not commit any offence after he served his sentence.
Consideration for the 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 adopt the six-step approach in the case HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290.
Step One
The dangerous drug involved was 792.32 grammes of cocaine, which falls in the band of between 500 and 1,500 grammes with a starting point of 16 to 20 years according to the revised guidelines in the case of HKSAR v Huang Ruifang (No. 3) [2025] 2 HKLRD 138.
Step Two
Now, on the evidence before me, the role of the defendant was that of a courier delivering various amounts of cocaine to others.
Step Three
On a mathematical calculation, 792.32 grammes of cocaine would yield a starting point of 17 years and 2 months. So within the relevant band, bearing in mind the role of the defendant, the proper starting point is 17 years and 3 months.
Step Four
There are no aggravating factors in the commission of this offence. While the defendant was not a first offender, he does not have any drug-related previous convictions, so I will not enhance the starting point.
Step Five
The defendant pleaded guilty at the earliest available opportunity and is entitled to a full one-third discount. With the one-third discount, the sentence is 11 years and 6 months. And there are no other mitigating factors to further reduce the sentence.
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.
Actual Sentence
So for the offence of trafficking in a dangerous drug, the defendant is sentenced to 11 years and 6 months’ imprisonment.
