COURT: The defendant plead guilty to a charge of trafficking in a dangerous drug. He was charged on the 13th day of August 2024, outside No. 537A Nathan Road, Yau Ma Tei, Hong Kong, unlawfully trafficked in a dangerous drug, namely, 54.4 grammes of a crystalline solid containing 54.4 grammes of methamphetamine hydrochloride.
The Summary of Facts which she admitted are as follows.
In the afternoon of 13 August 2024, police officers were on patrol at Yau Ma Tei area. At around 1.12 pm, Police Constable 35036 and parties spotted defendant acting furtively outside No. 537A Nathan Road, Yau Ma Tei, Kowloon, and thus intercept her for inquiry.
Upon search of the blue reusable shopping bag carried by the defendant at the material time, two transparent resealable plastic bags containing a total 54.4 grammes of crystalline solid containing 54.4 grammes of methamphetamine hydrochloride were found inside a black plastic bag therein. Defendant also had with her three mobile phones, cash $536, and four pieces of glass tube at that time.
Police arrested defendant. Under caution, defendant stated that the ‘Ice’ was not for her own consumption but to deliver for others. In subsequent video-recorded interview, defendant remained silent under caution.
The estimated street value of the drugs is around $29,212.80.
Defendant accepts and admits that at all material time, she knowingly possessed all subject dangerous drugs seized for the purpose of unlawful trafficking.
Defendant was born in Hong Kong in 1988. She is now 37 years old and was 35 at the time of the offence. She was educated up to secondary school diploma. She is not married but had two daughters from a previous relationship. Used to be a saleslady but was an unemployed at the time of the offence.
The reason for her committing the present offence is due to financial stress. I am told she find it very hard to support both daughters on the subsidies received from the government. And at the material time of the offence which is on 13 August, a new academic year is due to start in September. She did not have sufficient money for the coming academic year of the two daughters, and it was under these circumstances she took the risk.
She had one previous conviction for possession of dangerous drugs in 2012. So she should know court treat possession of dangerous drugs or trafficking of dangerous drugs seriously. I do not accept for one moment that it is due to the ignorance of law or not realising how serious trafficking in dangerous drugs will be treated by court. She took the risk.
In any event, the Court of Appeal has said on many occasions, personal circumstances, even with clear record, does not count too much in offences as serious as trafficking in dangerous drugs. Having said that, I have much sympathy on you for being a single mother to raise two daughters. And in fact, for the sake of your daughters, you should not commit any offence.
You were found delivering 54.4 grammes of methamphetamine hydrochloride, ‘Ice’. The Court of Appeal in the case of Huang Ruifang No. 3, CACC 106/2022, had revised the guidelines for trafficking in ‘Ice’ or methamphetamine hydrochloride. For 10 to 70 grammes of ‘Ice’, the sentence ranges from 7 to 11 years after trial. I accept on the evidence before me that you are a simple courier. I adopt 10 years as my starting point.
As I have said earlier, your background and, sadly, that you have two daughters that you have to support, I find no mitigation in those respect that I can reduce my starting point other than your plea of guilty. I will give you one-third discount for your plea of guilty. So I sentence you to a term of imprisonment for 6 years and 8 months.
You have already been in custody for some 2 years. You probably have to serve just over 2 years in prison. By the time you are released from prison, you are not yet 40. I hope you could stay away from drugs for the sake of your two daughters.
