HKSAR v. Lee Ching Wan

HCCC287/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 287 OF 2009

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Before:   The Hon Madam Justice Beeson

Date:     3 November 2009 at 9.48 am

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

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Transcript of the Audio Recording of Reasons
for the Sentence in the above Case

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COURT:  This defendant pleaded guilty at committal on 11 September 2009 to one count of trafficking in a dangerous drug.  The drug was 499.08 grammes of a crystalline solid containing 484.87 grammes of methamphetamine hydrochloride, commonly known as “Ice.”  Today, the defendant confirmed that plea and also confirmed the facts that he admitted originally at committal. 

The facts show that he was intercepted and searched on his return to Hong Kong through the Lo Wu Border Control Point.  In a black messenger bag that he was carrying the Customs Officers found two transparent plastic bags containing suspected dangerous drugs suspected to be ice.

The defendant was arrested and cautioned.  He admitted that he was carrying dangerous drugs but he said he did not know what type and he was carrying them for a promised reward of $3,000.  The plan was that he was to deliver them to somewhere in Shatin.  He said he was willing to lead the police there.

In a later cautioned interview he said he had been instructed by a man known to him as “Fei Chai” who had been introduced to him by “Ah Ming” in Shenzhen.  He was instructed as to the delivery on the night of 29 March 2009 and Fei Chai gave him a mobile phone.  The defendant collected the dangerous drugs from a locker at a supermarket at Huangong Village, Shenzhen and he then went to Lo Wu.  At that stage he had not received any money as payment.

Subsequent analysis of the suspected DD showed the quantity as set out in the particulars of the charge.  The estimated street value at that date was $329,891.  The travel records show that he had left Hong Kong on 29 March 2009 at 1926 and he had returned on 30 March at 1757.

The defendant does have a criminal record with 14 offences, ranging from the year 1989 up to 1996.  None of those relate to dangerous drugs.  I note that they were all tried in the Magistracy and the longest period of imprisonment was 6 months imposed for a criminal intimidation offence in 1991.

The defendant was educated to secondary 5 level in Hong Kong and he had worked as a salesman and a truck driver prior to his arrest.  He is now aged 43 years old and I am advised that he was unemployed for two years prior to his arrest.  He was married but is now separated from his wife.  He is in the process of a divorce and his son of nine lives with his mother in China.  He had entered into another relationship with a woman by whom he now has a seven-month-old son.  It was planned that they would marry.

In explanation of this offence, I am advised that his father died in March 2009 and the defendant needed money for funeral expenses and it was at that stage that he was asked to carry drugs for $3,000 and he agreed to do so.  Counsel points out that he was co-operative on arrest.  He admitted the offence straightaway and was willing to conduct a controlled delivery, although that offer was not taken up by Customs.

According to Ching Kwok Hung the guideline case which governs ice quantities, the starting point for sentence for a quantity of 300 grammes to 600 grammes is 14 to 18 years. 

I note that this was an early plea and the defendant is entitled to the full one-third discount.  I note that he has been free of convictions for about 13 years.  I take a starting point of 14 years, give a full discount, and sentence him to 9 years and 4 months' imprisonment.