CRIMINAL CASE NO. 88 OF 2010
COURT: Wong Kam-fai, you stand convicted of one charge of trafficking in a dangerous drug. You have pleaded guilty at the Magistrates’ Court and have been committed to the High Court for sentence.
The quantity of drugs involved is 168.11 grammes of mixture containing 130.76 grammes of heroin hydrochloride.
In HKSAR v Abdullah[2009] 2 HKLRD 437, Stuart-Moore VP said this at page 451:
“30. Dealing with the international element in the trafficking of dangerous drugs, which will include trafficking across the border with the Mainland, we digress to add that in HKSAR v Hong Chang-chi [2002] 1 HKLRD 486, this court said:
’22. When it comes to importing drugs from other jurisdictions into Hong Kong, the public interest demands that the message should be made more clearly than in almost any other situation. Drug traffickers from abroad, importing drugs into Hong Kong, should plainly understand that they will receive no sympathetic consideration whatsoever on account of their status as foreigners or, as in this case, on account of their incarceration some distance from home. On the contrary, in cases of this kind, the very act of importation from abroad, is an aggravating factor. Those who live outside this jurisdiction, such as the Applicant in the present case, must be disabused of any notion that Hong Kong is anything other than resolute in dealing with such offence.’”
Although the drugs in this case were not imported from abroad as such by a foreigner, but nevertheless, these drugs were imported into Hong Kong from across the border.
All things considered, I adopt a starting point of 10 years and enhance it by 1 year, making a total of 11 years as a starting point.
I have taken into account everything urged in mitigation on your behalf. There is really no other real mitigation apart from your early plea of guilty, for which I shall give you the full one-third discount, thereby reducing the starting point to one of 7 years and 4 months.
I therefore sentence you to 7 years and 4 months’ imprisonment.