The facts disclose that as a result of an operation against a drug syndicate mounted the Narcotics Bureau, police officers laid an ambush near the check-in counter at the Departure Hall of the Hong Kong International Airport on 14 September 2012.
The defendant and two other males were at the counter, and each was looking after his own luggage. All three were stopped by the police for inquiries.
The defendant was brought back to the Police Reporting Centre for a search. Eleven packets of dangerous drugs, which was later confirmed to be 1.3877 kilograms of a crystalline solid containing 1.31572 kilograms of methamphetamine hydrochloride which is commonly known as “Ice”, were found inside the defendant’s luggage.
Under arrest and caution for the offence of trafficking in a dangerous drug, the defendant said he was in debt and agreed to deliver the dangerous drugs to Japan for a reward of $HK70,000. He said it was someone called Mao Chai who had given him the instructions. Later in a video-recorded interview, the defendant gave further details of the drug trafficking to the police. He confirmed the full name of Mao Chai to be Lee Yee-hing. He met Lee, who was an acquaintance, by chance in February or March 2012. And after he revealed to Lee that he was in debt, Lee offered him $70,000 to carry dangerous drugs to Japan, which the defendantagreed.
The defendant then described how on 14 August 2012 he was brought by Lee to a restaurant in the mainland and how he met up with the middleman there, and the trip to Japan was discussed.
In September 2012, Lee gave $6,000 to the defendant and instructed him to pay for a group tour for Japan. The reservation for him was already made on 14 August 2012. The defendant duly made payment.
On 12 September 2012 the defendant went to a hotel in Shenzhen with Lee, and he was later given a pink suitcase by an unknown male inside a restaurant. That male told the defendant that dangerous drugs had been concealed inside the suitcase. The unknown man handed ¥140,000 to Lee who, in turn, handed it to the defendant.
A pair of nail clippers were handed by that male to the defendant, and the latter was instructed on how to use the clippers to prise open the suitcase where the dangerous drugs were concealed.
Lee also told the defendant that there were other members the syndicate smuggling dangerous drugs to Japan in the same group tour, and the defendant was also told that he would be under surveillance by the syndicate.
Lee instructed the defendant to text him after arriving in Japan, and said that someone would come to collect the dangerous drug.
The defendant gave his own mobile phone to Lee who, in turn, gave another mobile phone to the defendant for his use in Japan. The defendant was given $14,000, and the balance of the 70,000 was payable to him after the successful delivery of the drugs to Japan.
The street value of the seized drugs was estimated at $1,144,852.
The defendant is a 29‑year-old man with no previous conviction. I was informed he worked as a roast meat worker and became heavily in debt when he acted as a guarantor for another person. He then got involved in the trafficking in dangerous drugs.
His family members are very upset about what he had done, and his father wrote to me asking for leniency. The defendant himself also wrote to me to express his remorse.
I was informed by the prosecution, Mr Marray, that the defendant had given a non-prejudicial statement against Lee Yee-hing, and was prepared to give evidence against Lee Yee-hing should there be a trial.
Today, Lee Yee-hing, in the case of HCCC 232 and 386 of 2013, pleaded guilty to two counts of conspiracy to traffic in a dangerous drug before me, one of which involved this defendant.
Mr Boyton, mitigating on behalf of the defendant asked me to consider the defendant’s previous clear record, his plea and the assistance he had given to the police.
A person convicted of the offence of trafficking in a dangerous drug on the indictment is liable to be fined $5 million and to imprisonment for life.
For the trafficking of “Ice”, the Court of Appeal has set down sentencing guidelines. In the case of the Attorney General v Ching Kwok Hung [1991]2 HKLR125 for the trafficking of over 600 grammes of “Ice”, the starting point is upwards from 18 years.
The question I have to decide is how many years upwards from 18 years should I peg the starting point. There is no further guideline for the trafficking of large quantities of “Ice”. Until and unless the Court of Appeal hand down further guidelines, sentencing judges can only decide on the appropriate starting point with reference to the guidelines in Ching Kwok Hung.
Having said that, I am of the view that what the Court of Appeal has said in the case of HKSAR v Abdallah [2009]2 HKLRD437 in the following two aspects are equally applicable here:
(1) The first one is that room must be left for sentences which falls into the highest range; and
(2) The court needs to take into account aggravating circumstances such as international element, and enhance the sentence which would otherwise be imposed.
In coming to the starting point, having considered the amount of narcotics involved, the defendant’s role and the circumstances of the offence, I am of the view that the appropriate starting point is one of 19 years. I will add two years to this starting point to take into account the international element. So, the pre-deduction sentence is one of 21 years.
The defendant had pleaded guilty at an early stage and is entitled to the full one-third discount. I am prepared to accept that the assistance offered by the defendant played a significant role in causing Lee Yee-hing to plead guilty, thus saving valuable court time and resources.
I will give him a total discount of around 45 per cent to reflect his plead and assistance given.
From a pre-deduction sentence of 21 years, with a discount of about 45 per cent, the sentence is one of 11-and-a-half years.
So, for the offence of trafficking in a dangerous drug, the defendant is sentenced to imprisonment of 11-and-a-half years.
I do hope that you make use of this long term of imprisonment to study and come out with a degree, and be a useful member to the society again.