HKSAR v. Leung Chan

HCCC 25/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 25 OF 2014

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Defendant, stand up, please.

Defendant, you have indicated from the earliest possible time that you intended to plead guilty and indeed entered a plea of guilty before the magistrate. That is to your credit.

It is also to your credit that you were very straightforward upon arrest and that you co-operated with the authorities. Unfortunately, that co-operation did not bear fruit and the receiver was never arrested.

On the downside this is a very serious offence involving, as it does, the importation into Hong Kong by carrying across the border of 104 grammes approximately of “Ice”. It is a charge of trafficking in dangerous drugs but there is, as I said, the international element of bringing it into Hong Kong.

It also has to be acknowledged that you do have a very poor record, very many convictions involving drugs. However, I do acknowledge that there is only one previous for trafficking in dangerous drugs.

There is really little mitigation here apart from what I have mentioned. Financial hardship does not excuse you. I will, in all the circumstances, be as lenient as possible given my public duty.

I take a starting point of 10½ years. I acknowledge that the amount of drugs is not of the largest. The enhancement in this case will be one of 6 months to reflect that amount. That now gives a starting point of 11 years’ imprisonment.

You are entitled to a one-third discount for your plea of guilty and you shall have that. Unless I have made a mathematical error, then the discount will be one of 44 months.

That gives a sentence of 88 months, which is 7 years and 4 months.

You will therefore go to prison for 7 years and 4 months.