CRIMINAL CASE NO. 456 OF 2011
COURT: Both defendants, who are in their mid-30s, were seen together in Mongkok on 22 May 2011, in the early hours of the morning. The 2nd defendant, Mr Ho, was at that time on bail for an offence of trafficking in dangerous drugs for which, on 24 November 2011, he duly received a 16-month sentence which he is due to complete next month.
Regarding this offence, when police intercepted the defendants, the 1st defendant was found to have a crystalline solid containing 99.92 grammes of methamphetamine hydrochloride. The 2nd defendant was found with 98.87 grammes of "Ice" in his possession. Each separate amount was worth approximately $73,000.
They each admitted to the police that they were bringing these drugs into Hong Kong from the mainland. In the case of each defendant, so far as sentence is concerned, the offence is aggravated to some extent by the element of importation across the border with the mainland. There is an additional aggravating factor in the 2nd defendant’s case in that this is his third conviction for trafficking and, of course, as I have said, was actually on bail for trafficking when he committed this offence.
I'm grateful to counsel who have addressed the mitigation in both cases very realistically and nothing more could have been said for either of them.
Tu Jiahui, would you stand, please. You will be well aware of the serious consequences of trafficking in dangerous drugs. As Mr Richmond has realistically said, it has ruined your own life, the taking of "Ice", and by trafficking in "Ice", you were prepared to ruin the lives of others.
The guidelines in Attorney General v Ching Kwok Hung [1991] 2 HKLR at 125 have provided a clear warning for over 20 years. To those who undertake this kind of activity, the sentences are extremely heavy and you took the risk. In my view, the starting point for trafficking in just under 100 grammes of "Ice", as you were, is 10½ years and this must be enhanced by 6 months for the element of importation.
You have pleaded guilty so that you will receive the full benefit of doing so. The sentence is one of 7 years and 4 months’ imprisonment.
Ho Lap-sang, would you stand, please. The starting point in your case is exactly the same. You are not someone who has been deterred in the least by custodial sentences in the past. You have been before the court on six previous occasions and, from the record, it appears that, on every occasion, these were drug-related offences.
As you have been twice convicted previously of trafficking and this was an offence of importation from the mainland, the enhancement in your case will be 12 months. Your overall sentence will be reduced by a third to reflect your timely plea of guilty.
Accordingly, your sentence is 7 years and 8 months’ imprisonment and this will be served consecutively to the sentence you are presently serving.