HKSAR v. Chau Hon Kwong

HCCC254/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 254 OF 2009

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

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COURT:  I have to sentence you for trafficking in dangerous drugs.  The drug involved was heroin and you were in possession of 372.5 grammes of it.

You will know that sentences for drug traffickers like you are based on guidelines, you will know that as well as I do and you come near the top of the bracket that spans 200 to 400 grammes, attracting a starting point of 12 to 15 years’ imprisonment. 

You were not just a courier.  You are a man who is clearly well off.  You lived in a relatively expensive flat.  I do not know the source of any income you have or the truth of the size of your resources but if it is the case that you had legitimate income and then chose to traffic in drugs, you have only yourself to blame for the large sentence you are about to receive.  It was a matter of choice.  If your apparent affluence comes from trading in drugs then, again, the sentence you are about to receive will be amply justified.

As I say you were not just a courier.  You were not just passing these drugs on.  You had the equipment in your home to cut them with the agents that were found there in order to bulk up the quantities in order to make a greater sale.

Given therefore the amount involved and your role in it, I take a starting point at the top of the bracket if I ignore your previous conviction, but it is not to be ignored because it was only in the December prior to the April when you committed this crime that you had been released from a sentence of 4½ years’ imprisonment.  That was a case involving both heroin and ICE. 

Your conduct in going straight back to trafficking in dangerous drugs in large quantities shows a complete disregard for the court, its sentence and the period of imprisonment that was imposed upon you.  Even though we strive for consistency in sentencing in drug cases, you cannot be dealt with fairly in the same way as a man who had not behaved in that contumelious way.

Accordingly, I shall enhance the sentence beyond the 15 years starting point that I otherwise would have taken.  I shall enhance it by 2 years.  The sentence is 17 years’ imprisonment.

Defendant's appeal against conviction dismissed but appeal against sentence allowed by Court of Appeal. Please refer to CACC86/2010 dated 10 December 2010