HKSAR v. Tsuchiya Koji

HCCC 211/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 211 OF 2013

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: You have been convicted by the jury after a trial of having trafficked in a quantity of methamphetamine hydrochloride or “ice”, as it is known, of 1.37 kilogrammes of that substance, which has a value - according to the evidence - of a little over $1 million.

The facts in truth are extremely brief. The police had mounted an operation at Chek Lap Kok Airport on 7 January last year. They saw you approach the Cathay Pacific check-in desk and were carrying a black suitcase. You were intercepted. In a shoulder bag that you were carrying were found keys which fitted the padlock which was securing the case.

The suitcase was searched and then emptied and X‑rayed and a number of items were seen to be concealed in the inner lining of the suitcase. When, in due course, the lining was removed and the sides of the case split open, there were 10 packets of dangerous drugs found, containing a narcotic 1.37 kilogrammes.

The Court of Appeal in 1991 laid down guidelines for the type of sentences to be imposed for people trafficking in this drug after trial. The quantity which you had falls into the maximum band which covers 600 grammes and upwards, with a starting point for 600 grammes of 18 years’ imprisonment.

In my judgment the appropriate starting point before taking into account any aggravating or mitigating features is one of 21 years’ imprisonment.

It is now well established that an aggravating feature, and one taken very seriously by the courts, is the movement of drugs into or out of Hong Kong because it introduces an international element to the offence.

Obviously if someone brings drugs into Hong Kong, the courts are concerned with the fact that those drugs are going to affect members of the Hong Kong community. We are, however, just as concerned with the exportation of drugs from Hong Kong, because we do not want this community to become known as an international pipeline for drug smuggling.

The recognised enhancement of the sentence for the international element is 2 years for this sort of quantity.

There are two factors which you might think are mitigating feature and I should explain to you why they are not.

The first is your age. The Court of Appeal has repeatedly said over the years that that of itself is not a mitigating feature.

The second is the fact that you are a foreigner. Some take the view that the period of imprisonment will operate more harshly on you because you do not have family members around or friends to visit you. According to your evidence you do have plenty of friends here. In any event, the Court of Appeal has said that that is not a mitigating feature of its own.

I see no justification in this case for reducing the sentence at all. You are consequently to serve a period of 23 years’ imprisonment.