COURT: The three defendants in this case pleaded guilty to their respective charges on 9 October 2025 and were committed to the Court of First Instance for sentence. However, due to further instructions being sought, I adjourned the sentence for the 3rd defendant to today and I have already sentenced the 1st and 2nd defendant. However, I intend to refer to the facts pertaining to all three defendants for context and completeness.
The 3rd defendant pleaded guilty to the 1st Charge, trafficking in a dangerous drug.
Between 11 and 15 February 2023, in Hong Kong, he unlawfully trafficked in a dangerous drug, namely 50.23 kilogrammes of a mixture containing 43.751 kilogrammes of heroin hydrochloride. The 3rd defendant only faces 1st Charge.
The 1st defendant pleaded guilty to the 2nd Charge, trafficking in a dangerous drug, on 13 February 2023, at Banyan Garden, 863 Lai Chi Kok Road, Kowloon. He unlawfully trafficked in a dangerous drug, namely 0.71 grammes of a solid containing 0.55 grammes of ketamine.
The 1st and 2nd defendant pleaded guilty to the 3rd Charge, trafficking in a dangerous drug on the same day, 13 February 2023, at the carpark of Banyan Garden. Both unlawfully trafficked in a dangerous drug, namely 34.673 kilogrammes of a mixture containing 30.364 kilogrammes of heroin hydrochloride.
The 1st defendant pleaded guilty to the 4th Charge, trafficking in dangerous drugs on 13 February 2023, inside Flat D, 8th Floor of Tower 2, Banyan Garden. He unlawfully trafficked in dangerous drugs, namely ketamine and cocaine.
The 2nd defendant pleaded guilty to the last charge, the 5th Charge, trafficking in dangerous drugs on 14 February 2023, at Room 1009, 128 Bedford Road, Kowloon. He unlawfully trafficked in a cocktail of dangerous drugs, heroin, ketamine, cocaine and ‘Ice’.
The facts of the case are as follows. It began with the 3rd defendant and another male loading 15 carton boxes onto a van hired to deliver items from A to B. This was at about 4.45 pm on 11 February 2023. The 3rd defendant boarded the vehicle with the 15 carton boxes and the hired driver. The vehicle was instructed to drive to Golden Bear Industrial Centre, and there the 3rd defendant unloaded and delivered all 15 boxes to Unit 18 on the 15th Floor of Block H of Golden Bear. The 3rd defendant was the named tenant for this unit, having signed a two-year lease from 26 January 2023.
Two days later, on 13 February 2023, another hired driver was instructed to collect boxes from the 1st floor of the Golden Bear Car Park. At about 2.30 pm, this driver arrived and the 3rd defendant loaded 10 of the 15 carton boxes from two days prior into this vehicle. They were first driven to and unloaded by the 3rd defendant on the pavement at Sui Cheung Street, Ma Liu Shui at about 3.30 pm.
A second driver was then engaged to deliver goods from that street to Banyan Garden. He arrived, and the 3rd defendant loaded the same 10 carton boxes onto this vehicle, and the driver drove the boxes and the 3rd defendant to the carpark of Banyan Garden.
The 15 boxes of 1st Charge contained the drugs of that Charge, a total of 50.23 kilogrammes of a mixture containing 43.751 kilogrammes of heroin hydrochloride.
The 10 boxes of 3rd Charge contained 34.673 kilogrammes of a mixture containing 30.364 kilogrammes of heroin hydrochloride.
When the 3rd defendant was later arrested and his mobile phone seized, Customs and Excise officers found instructions sent to the 3rd defendant on how to repackage and handle the drugs in the 15 carton boxes, how to arrange for another driver to deliver 10 of the 15 boxes first to the roadside and then book another driver to pick them up and the boxes up, delivering them to the last location, Banyan Garden.
Photographs were found in the 3rd defendant’s mobile phone of a bag of white powder placed on an electronic scale in the deleted photos folder of his mobile. There were photos of the distinct blue logoed 15 carton boxes and the handbags packed inside the boxes. There were photographs of one of those same handbags placed on an electronic scale.
The carpark of Banyan Garden was put under observation and customs officers spotted the 1st defendant approach that van at about 4 pm and load 10 boxes from the van onto a trolley. He then moved the 10 carton boxes to the 8th floor of Tower 2, Banyan Garden.
Four hours later, another driver was hired by the 1st defendant to deliver goods from Banyan Garden to Bedford Road. At about 8.25 pm the same day, the 1st and 2nd defendant were spotted pushing two empty trolleys. Not long after that, both defendants were seen pushing a trolley each containing the 10 carton boxes from the 8th Floor, Tower 2 to the carpark.
Both defendants were intercepted and arrested for trafficking the heroin found inside these 10 boxes (3rd Charge).
Both men were searched and one plastic bag containing the ketamine of 2nd Charge was found on the 1st defendant. A key to a flat on the 8th Floor of Tower 2 Banyan Garden was found on the 1st defendant and the flat was searched after both men were arrested, and the dangerous drugs of 4th Charge were found inside.
The 2nd defendant was also searched and keys to different premises, Room 1009, 10th Floor, 128 Bedford Road were found on him. On the following day, 14 February, he was escorted to those premises. Customs officers found the drugs of 5th Charge inside those premises.
After the arrest of the 1st and 2nd defendant, the 3rd defendant was arrested on 15 February approaching the Unit 18 of Block H, Golden Bear, where the 3rd defendant had delivered 15 carton boxes on 11 February 2023. When he was seen opening the door with a key, he was immediately intercepted and escorted inside.
Customs officers found the remaining five carton boxes of the original 15, and in total another 15.557 kilogrammes of a mixture containing 13.387 kilogrammes of heroin hydrochloride. Under caution, the 3rd defendant said the white powder belonged to him, which he was extracting from handbags. He did not know what the powder was, but he was to receive $40,000 after handling the white powder as instructed.
The 3rd defendant admits and accepts that he was in possession of the heroin for the purposes of unlawful trafficking. He agrees the heroin was estimated to be worth over HK$42 million.
Mitigation
At the time of his arrest, the 3rd defendant was 28 years old and was living with his elderly parents. He does have one previous conviction for common assault but it was a long time ago, in May 2008. He is in the process of getting a divorce but has a 5-year-old daughter with his soon to be ex-wife. He previously worked as a logistics transportation worker and before his arrest, a part-time chef.
I have read letters from the defendant and one of his three sisters, as well as from the pastor he sees on a regular basis whilst in remand. I have seen the certificates he has obtained in learning whilst in remand. He explains how he was at the time in financial difficulty, trying to support the family, go through a divorce and find money for medical treatment for his 80-year-old father.
I have taken into account all the mitigation I have heard. The best mitigation for this defendant is his plea of guilty at the earliest opportunity. With an offence of this nature and bearing in mind the quantity of drugs involved, personal circumstances and genuine remorse carries little weight as far as sentencing is concerned.
Sentencing
I have considered the approach to sentencing those that traffic in dangerous drugs. With the Court of Appeal’s guidance in the most recent authority, HKSAR v Lee Ming Ho [2024] HKCA 150, I now consider the six steps as set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290.
In the approach to sentencing, a number of steps have been identified which the court should take, such as assessing the gravity of the offence and applicable guideline, identifying the defendant’s role, where within the guideline the defendant should lie, any aggravating factors, any mitigating factors, and lastly passing a sentence which is fair, just and balanced in all the circumstances of the offence and the defendant.
The first step is to assess the gravity of the offence and identify the applicable guideline according to the drugs seized.
The latest sentencing guidelines for methamphetamine, cocaine and heroin is found in the most recent authority of HKSAR v Huang Ruifang [2025] HKCA 234. However, in this case, the heroin alone possessed by this defendant being over 30,000 grammes or 30 kilogrammes means a starting point of over 30 years at the sentencer’s discretion, according to Huang Ruifang. The 3rd defendant possessed a total of 43.751 grammes of heroin hydrochloride and is facing a starting point of beyond 30 years.
I have no evidence this defendant was a key member of a drug trafficking syndicate. I accept that his role appears to be limited to a storekeeper and courier. Moreover, there are no aggravating or mitigating factors in this case.
Can I ask the defendant to please stand up? I repeat, I have taken into account all the mitigation I have heard and read, as well as the fact the defendant pleaded guilty at the earliest opportunity. I find the 3rd defendant is entitled to a 37 per cent discount.
I can only say the lengthy sentence he faces is fair, just and balanced in all the circumstances of the offence, bearing in mind the quantity of heroin here and its value.
For the 3rd defendant and 1st Charge, I will take a starting point of 33 years’ imprisonment.
After that discount is applied, the 3rd defendant is sentenced as follows: for 1st Charge, 20 years and 9 months’ imprisonment.
Do you understand that sentence?
3RD DEFENDANT: Yes, I do.
