HKSAR v. Hau Chau Shing

HCCC9/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 9 OF 2011

-----------------

---------------------------------

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

---------------------------------

COURT: The Court of Appeal have laid down guidelines for offences involving this particular drug which end at over 600 grammes. I am here dealing with 3.851 kilogrammes of methamphetamine hydrochloride. It seems to me that you fully knew what you were doing on 4 July 2010. You took a gamble and it did not pay off.

The guidelines apply to people regardless of their age and it has been said that save in cases of extreme youth and extreme old age the guidelines should apply and I regularly pass tariff sentences on people as young as 16.

There are two matters in your favour. One is the fact that you will be 60 next week and the other is that you have suffered ill health, having undergone a stroke relatively recently from which you appear to have made an adequate recovery. Neither matter on its own would justify a reduction in sentence but taken together I can adjust your sentence to reflect those mitigating factors.

Were you an able-bodied younger man, the appropriate sentence for this quantity of drugs would be in the region of 24 years imprisonment. It is arguable that there is an international element in as much as the suitcase was to be exported to the Philippines. But as luck would have it for you, it had not yet in fact been exported. I would be entitled, I think, to consider the proposed export as an aggravating feature and to add to your sentence. However, I am not going to.

In view of your age and your health condition, I am going to make a reduction of 3 years from a starting point of 24 years’ imprisonment. You will go to prison for 21 years.

Please refer to CACC142/2012 for the relevant appeal(s) to the Court of Appeal.