HKSAR v. Lam Ying Kit

HCCC221/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 221 OF 2008

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Before:  Hon McMahon J

Date:    7 January 2009 at 11.02 am

Transcript of the Audio Recording
          of the Sentence in the above case

COURT:  The defendant pleaded guilty before me to an offence of trafficking in 2,928 grammes of “Ice”, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

The facts of the case were straightforward.  On 20 May 2008, the defendant was the sole passenger in a hired private motor vehicle which had crossed into Hong Kong from the mainland through the Lok Ma Chau Border Control Point.  Once on the Hong Kong side of the border the vehicle was directed into a Customs vehicular examination area where it was searched.

In the vehicle was found a rucksack belonging to the defendant which he had brought onto the vehicle, and in that rucksack were found the drugs.  Those drugs were in tinfoil packets and, apart from two T-shirts, formed the entire contents of the rucksack.

The defendant has a litany of previous convictions but only one for trafficking in dangerous drugs, and I do not regard that as a matter requiring any enhancement of sentence.  He was, however, involved in this case in cross-border trafficking and in my view that must be considered an aggravating factor.

I take a starting point of 23 years’ imprisonment.  That is enhanced to one of 24 years’ imprisonment on the basis of the cross-border element of the offence.

The only mitigation advanced on behalf of the defendant, and indeed the only mitigation available to him is his plea of guilty.  On the basis of that plea the starting point of sentence is reduced by one-third and the defendant is sentenced to 16 years’ imprisonment.

(Remainder of proceedings not required)

Court rises - 11.11 am

7 January 2009