HKSAR v. Bian Zhenju

HCCC 545/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 545 OF 2013

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: The defendant, now aged 43, is convicted after trial of one charge trafficking a in dangerous drug. She was intercepted after arriving by air from Kuala Lumpur on 13 January 2011. Her suitcase was searched and found to be containing dangerous drugs hidden in a compartment and also in the four story books. Analysis of those drugs revealed 4.95 kilogrammes of a mixture containing 3.45 kilogrammes of heroin hydrochloride. Her travel records show that she departed from Hong Kong on 8 January. She claimed to have come from Guangzhou and was on her way back there via Hong Kong.

The case of Abdallah Anwar has set down guidelines for trafficking in large amounts of heroin. The present case involved 3.45 kilogrammes of narcotics which falls within the 1,000 to 4,000 gramme bracket, with a starting point of 23 to 26 years. That case also specifies that with an international element as an aggravating feature, for amounts above 1 kilogramme there should be an enhancement of not less than 2 years.

I have also referred myself to a subsequent case of HKSAR v Lau Chun Sing [2011] 2 HKLRD 551 which involved 2.96 kilogrammes of cocaine of similar circumstances. The Court of Appeal was of the opinion that the starting point of 25 years before enhancement was correct, but the enhancement, by virtue of the international element, should be limited to 2 years, thus making a starting point of 27 years.

I do not consider the claim of being vulnerable and easily led or exploited to cause me to depart from that guideline, or constitute any humanitarian grounds. I consider for the present case, after trial, 27 years is an appropriate sentence.

So the defendant goes to prison for 27 years.