COURT: The defendant has pleaded guilty to an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.
The particulars of offence are that, on 7 March 2013, at Lo Wu Boundary Control Point, Ta Kwu Ling, New Territories, Hong Kong, the defendant unlawfully trafficked in a dangerous drug, namely, 50.11 grammes of a crystalline solid containing 49.03 grammes of methamphetamine hydrochloride, commonly known as "Ice".
The defendant has also admitted the summary of facts prepared by the prosecution set out below.
At 7.20 am on 7 March 2013, the defendant was intercepted after he had passed through the Customs ‘green channel’ at Lo Wu Control Point, Ta Kwu Ling, New Territories, upon his returning to Hong Kong. He was brought to an interview room for a body search. From his jacket pocket, a transparent plastic bag of suspected "Ice" was found, which was later confirmed to contain the dangerous drug as described in the particulars of offence. He was arrested. Under caution, he admitted that the substance was "Ice".
In a subsequent video-recorded interview, the defendant stated that he crossed the border to leave Hong Kong at about 11.30 pm on 6 March 2013 for a massage on the mainland. Shortly later, he met a friend, Ah Chung, who asked to meet together the next morning at a certain place. At about 7 am on 7 March 2013, when the defendant attended at the agreed meeting place, Ah Chung pulled him into a toilet of a building nearby and gave him the plastic bag containing the "Ice". The defendant saw the bag and knew that it contained dangerous drug. He was told to bring the bag to Hong Kong and wait for Ah Chung’s call. He was promised a reward of 500 renminbi. He did not have the means to contact Ah Chung. He was not a drug user.
According to the defendant’s travel movement record, he departed Hong Kong at 11.20 pm on 6 March 2013 and returned to Hong Kong at 7.16 am on 7 March 2013 via the same control point.
The estimated street value of the drug involved was about HK$39,900.
According to the sentencing guidelines for "Ice", in The Attorney General v Ching Kwok Hung [1991] 2 HKLR 125, for trafficking between 10 to 70 grammes of "Ice", the sentence should be 7 to 10 years’ imprisonment. From the mathematical angle, a starting point of between 8 to 9 years’ imprisonment is called for.
Taking into account that the drug was imported into Hong Kong by the defendant which makes the offence more serious than simple delivery within Hong Kong, I consider that the appropriate starting point should be 9 years.
Needless to say, drug trafficking is a very serious offence and sentencing is almost wholly dependant on established guidelines and authorities. Save in rare circumstances, personal situations matter little.
The starting point I adopt is 9 years’ imprisonment. The defendant is entitled to one-third discount for his guilty plea which will reduce his sentence to 6 years and that is the sentence I pass on him.