HKSAR v. Cheung Pang Yeung
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HCCC 418/2024 [2026] HKCFI 5865 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CRIMINAL CASE NO. 418 OF 2024 ________________________
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________________________ REASONS FOR SENTENCE ________________________ The Charge 1.On 2 December 2024, the defendant pleaded guilty in the magistracy to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134. The count involved 1.03 kilogrammes of a solid containing 812 grammes of cocaine. On the same day, the defendant admitted a Summary of Facts dated 26 November 2024 and he was committed to the Court of First Instance for sentencing. Today, before this Court, the defendant confirmed his guilty plea to the trafficking charge and his admission of the Summary of Facts. Facts Admitted 2.The facts of the case can be summarized as follows. 3.On 23 August 2023, Customs officers conducted an anti-narcotics operation in Ma On Shan. They saw the defendant and a female alight from a private car and the defendant was carrying a recycle bag and acting suspiciously. The defendant was intercepted by Customs officers and they searched the recycle bag and found a packet containing the dangerous drugs as set out in the trafficking charge. 4.The defendant was arrested and under caution, he admitted that:
5.Customs officers later gained access to the Flat by using the passcode provided by the defendant. A house search was conducted and various drug packaging paraphernalia were found on a table in the living room, including an electronic scale, resealable plastic bags and a sealing machine. 6.Under caution, the defendant admitted that the tools belonged to him and they were for repacking the dangerous drugs. 7.When the defendant’s two phones were examined, photographs and videos showing the repacking of dangerous drugs were found in one of them. 8.The total estimated street value of the dangerous drugs is HK$1,265,870. 9.In the Summary of Facts, the defendant also admitted that he had knowingly possessed all the dangerous drugs seized for the purpose of unlawful trafficking. Background andmitigation 10.Prior to the sentencing hearing, Counsel Mr. Clement Lau had filed a written set of mitigation submissions on behalf of the defendant. The Court was told that the defendant is now aged 24 and single. He has received education up to secondary school level. He was brought by his mother and maternal grandparents in a single-parent family. Prior to the offence, he had lived with his family in Sheung Shui, New Territories. 11.The defendant pleaded guilty at the Committal Hearing and Mr. Lau asked that a full one-third discount be given to him. 12.The Court was also told that the defendant was an athletic and kind-hearted young man. In secondary school, he was an active participant in many sports, including track and field, American football and basketball. He was also a member of the Hong Kong Jump Rope Team (香港花式跳繩隊) and had represented Hong Kong in an international competition. 13.Further, the defendant was actively involved in volunteer work and the defence produced a letter from Hong Kong Children & Youth Services to demonstrate his good character and volunteer service in the past. 3 other letters written by his mother, his aunt and his friend respectively were also submitted to the Court, pleading for leniency in sentencing. 14.The defendant has one previous conviction for trafficking in dangerous drugs recorded in December 2019 which resulted in a Training Centre Order being imposed on him. Sentence 15.In sentencing the defendant, I will follow the six steps as set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, bearing in mind also the Court of Appeal’s guidance in HKSAR v Lee Ming Ho [2024] 1 HKLRD 1186. 16.The first step is to identify the relevant guideline band applicable to the quantity of the dangerous drugs in question. In the present case, Mr. Lau accepted that with the total quantity of 812 grammes of cocaine, the starting point should be a term of about 17 years and 3 months’ imprisonment: see HKSAR v Huang Ruifang [2025] 2 HKLRD 138 at §62. 17.The second step is to assess the role and culpability of the defendant based upon the Summary of Facts before the Court. The defendant was caught with the dangerous drugs in the street; he had access to the Flat where he kept tools for repacking such drugs and he was to be rewarded for playing that role. 18.The third step is to decide where within the relevant guideline band the defendant should come. As invited by Mr. Lau, I find the defendant’s role to be that of a store-keeper cum courier. 19.The fourth step is to deal with aggravating factors, if any. There is a prior conviction for the same offence. Clearly the defendant had not learnt his lesson from that prior conviction so as to stay away from dangerous drugs. Given his re-offending, I shall enhance the starting point for the present offence by 2 months. 20.The fifth step is to consider the mitigating factors, if any. I have carefully considered all the helpful mitigation submissions made by Mr. Lau on behalf of the defendant, both orally at the hearing today and on papers. The strongest mitigating factor in the defendant’s case is his guilty plea which was entered at the earliest opportunity. Because of that, and by virtue of other mitigations advanced on papers, I will give the defendant a total discount of 36.5% and that brings the enhanced starting point of 17 years and 5 months down to a final sentence rounded off to 11 years’ imprisonment. 21.Lastly, I consider this sentence fair, just and balanced in all the circumstances of the offence and the defendant. Accordingly, the defendant is sentenced to imprisonment for 11 years.
Ms Angela Wong, SPP of the Department of Justice, for the Prosecution Mr. Clement Lau, instructed by Wat & Co., assigned by DLA, for the Defendant |
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