HKSAR v. Cheung Siu Hang and Another

HCCC 430/2025

[2026] HKCFI 6045

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 430 OF 2025

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Both D1 and D2 have pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.  They are committed to this court for sentence.

In the afternoon on 12 May 2023, D1 was intercepted by police officers at the lift lobby of one residential building at Yau Ma Tei.  Upon inquiry, D1 admitted that he was assisting D2 to unpack goods inside a flat in that building.  D1 was then taken to that flat.  Upon entry, D2 was also seen inside.  A search of the flat uncovered 5.404 kilogrammes of heroin and various drug paraphernalia.  They were then arrested.

D1 is now aged 31, single, unemployed at the time.  He has three previous convictions with one similar in 2013.

D2 is now aged 63, about to be divorced and unemployed at that time.  He too has one similar record in 2007.

The notional starting point for trafficking in 5.4 kilogrammes of heroin based on quantity alone is one of 24 years’ imprisonment.  Without any evidence pointing to a more extensive role, both defendants will be treated as persons keeping and packaging the heroin in question, a role more or less the equivalent of a simple courier.

However, for D2, he was the person in charge of the operation at the premises and he also recruited D1 into assisting him.  Given his more in-depth participation, 3 months will be imposed.

Another 3 months will be imposed on each of the two defendants for their similar past trafficking records.

The only mitigation in this particular case is their earliest plea at the Magistrates’ Court.  For such, a full one-third discount will be given.

For the offence of trafficking in a dangerous drug D1 stands convicted, he is sentenced to 16 years and 2 months’ imprisonment.  As for D2, he is sentenced to 16 years and 4 months’ imprisonment.