HKSAR v. Chan Ching Wa

Case No.HCCC 527/2013
Court
High Court CFI
Date17 Feb 2014
Judge
Case Document
100%

HCCC 527/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 527 OF 2013

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  HKSAR  
  v  
  CHAN Ching-wa  

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Before: DHCJ Tallentire
Date: 17 February 2014 at 9.50 am
Present: Mr Harish Melwaney, SPP, of the Department of Justice, for HKSAR
  Ms Alice Lee Sin-bing, instructed by Simon Si & Co, assigned by the Director of Legal Aid, for the accused
Offence: Trafficking in dangerous drugs(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: Stand up, please.

Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs. The dangerous drugs themselves are essentially “Ice”.

What you did, as we know from the facts, is that you brought this quantity which was just under 100 grammes, with the actual total quantity being 96.61 grammes of methamphetamine hydrochloride and three tablets containing 53 milligrammes of methamphetamine, into Hong Kong via Lok Ma Chau. This is a large amount of “Ice”. It is a serious offence as conceded by your counsel.

I take into account what has been said on your behalf in respect of your background and the reasons you committed the offence. I note from your record that you have nothing similar. In fact, you have been out of trouble for some 15 years. The main point of mitigation is of course your plea of guilty and its entry at the very earliest possible opportunity, namely, before the Magistrates Court.

Given the quantity of drugs involved I take as a starting point 10½ years’ imprisonment. There has to be an enhancement because of the international aspect of bringing the drugs into Hong Kong. That will be 6 months. Therefore, the point I start at is 11 years’ imprisonment.

You have pleaded guilty, as I have said. You are entitled to a full one-third discount. You shall have that and you will go to prison for 7 years and 4 months; that is, 88 months.