HKSAR v. Lee Tsz Fung

HCCC2/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 2 OF 2009

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Before:  Hon McMahon, J

Date:    27 March 2009 at 9.47 am

Offence:  Trafficking in a dangerous drug (販運危險藥物)

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

COURT:  Stand up, please, Mr Lee.  

The 29-year-old defendant pleaded guilty to an offence of trafficking in 437.11 grammes of Ketamine.  

On 2 September 2008 the defendant had been intercepted by police on an anti-drug operation in the car park of his residential block in Tin Shui Wai.  The drugs were found in a bag he was carrying.  The offence occurred several months after the new guidelines set out in The Secretary for Justice v Hii Siew Cheng (Criminal Appeal Application for Review No. 7/2006) had been promulgated.  In my view, those guidelines apply fully to this case given the period that elapsed between their publication and the occurrence of this offence. 

I take a starting point of sentence of 10 years’ imprisonment.  The only material mitigation available to the defendant is his plea of guilty.  In that regard he is entitled to a full discount.  

I sentence the defendant to 6 years 8 months’ imprisonment.