HKSAR v. Lee Ming Chi

Case No.HCCC 369/2012
Court
High Court CFI
Date04 Feb 2013
Judge
Case Document
100%

HCCC 369/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 369 OF 2012

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  HKSAR  
  v  
  Lee Ming-chi  
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Before: Hon P Li J
Date: 4 February 2013 at 11.58 am
Present: Mr W T Chiu, SPP, of the Department of Justice, for HKSAR
Mr Raymond Yu Chiu-cheuk, instructed by the Legal Aid Department, for the accused
Offence:  Trafficking in a dangerous drug (販運危險藥物)

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

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COURT: The defendant pleaded guilty to one count of trafficking in 61.22 grammes of “Ice”.

At about 1.46 am on 8 June 2012 a Customs officer intercepted the defendant at the Arrival Hall of the Lok Ma Chau Border Control Point.

The officer found one packet of “Ice” hidden inside his underpants.

The defendant admitted that he would deliver the drug to Sham Chun Street, Mongkok.

The street value of the “Ice” was about $47,000.

The defendant is 44. He received Primary education. He has 46 previous convictions, 18 of which were drug-related. He was imprisoned for possession of dangerous drugs for unlawful trafficking and trafficking in a dangerous drug in 1991 and 2009. He was in DATC in 1986, 1990 and 2005. He was an addict.

The defendant said he was in debt to Ah Shan, who paid for his expenses when his Comprehensive Social Service Assistance was cancelled. Eventually Ah Shan asked him to bring the “Ice” to Hong Kong. He would be paid $2,000 as a reward. His girlfriend just gave birth to a son.

The defendant writes to this court, stating that he is very remorseful. He stresses that he would turn a new leaf because of God and his son.

Pastor Tsang from the Christian New Life Association and Mr Leung of the Hong Kong Christian Kun Sun Association submitted letters pleading for leniency for the defendant. Both of them confirmed that the defendant attended religious classes and would make every effort to reintegrate.

While the defendant has a positive attitude to make a change, it is, however, not a strong factor to depart from the tariff.

For trafficking over 61.22 grammes of “Ice”, according to Ching Kwok Hung, the starting point should be 9 years and 7 months’ imprisonment.

I add 6 months for taking dangerous drugs to Hong Kong as an aggravating factor.

The final starting point is 10 years and 1 month imprisonment. I deduct 3 years and 4 months for his plea.

I sentence the defendant to 6 years and 9 months’ imprisonment.