HKSAR v. Chau Yan Kiu and Another

Case No.HCCC 433/2012
Court
High Court CFI
Date19 Aug 2013
Judge
Case Document
100%

HCCC 433/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 433 OF 2012

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  HKSAR  
  v  
  Chau Yan-kiu (A1)
  Ma Ka-chun (A2)
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Before: The Honourable Mrs Justice V Bokhary
Date: 19 August 2013 at 10.17 am
Present: Mr James Chandler, counsel-on-fiat, instructed by the Department of Justice, for HKSAR
  Mrs Lily Yew, instructed by Messrs K B Chau & Co (assigned by DLA), for the 1st accused
  Mr Chau Hing-pang, instructed by Messrs Christine M Koo & Ip (assigned by DLA), for the 2nd accused
Offence: Conspiracy to traffic in a dangerous drug (串謀販運危險藥物)

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Both accused, I have listened with care to everything said on behalf of each of you and have taken all of them carefully into account. This is a very serious case, being one of a conspiracy to traffic in dangerous drugs, namely ketamine, by importing them from the mainland to Hong Kong.

Pursuant to this conspiracy, a large quantity of ketamine was so imported. The total quantity is unknown but it would certainly be well in excess of the last quantity imported pursuant to this conspiracy, which was 3,460 grammes of a powder containing 2,660 grammes of ketamine.

No doubt there were persons who occupied higher positions in this piece of drug dealing. As between the two of you, your evidence, which the jury obviously accepted by their verdicts, points to the 2nd accused’s position being somewhat higher than that of the 1st accused.

There is no specific item of mitigation available to either of you.

All things considered, I adopt a starting point of 20 years’ imprisonment for the 1st accused and 22 years’ imprisonment for the 2nd accused. Those starting points include 2 years’ enhancement for the fact that this conspiracy involved dangerous drugs being brought into Hong Kong. There being no specific item of mitigation, those starting points represent the sentences to be passed.

I sentence you, the 1st accused, to 20 years’ imprisonment and you, the 2nd accused, to 22 years’ imprisonment.

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