COURT: Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.
You have admitted that on 4 January 2013, at the Hong Kong International Airport, Chek Lap Kok, in Hong Kong, you unlawfully trafficked in 2.43 kilogrammes of a crystalline solid containing 1.98 kilogrammes of methamphetamine hydrochloride. This drug is commonly known as "Ice".
On the day in question, you were intercepted for inspection by Customs officers upon your arrival in Hong Kong. In your luggage, the drugs were found. The estimated retail value of the drugs was about $1,747,170. You were due to fly on to Thailand upon arriving in Hong Kong.
You are South African, aged now 39, almost 40. You have a clear record. I am informed by your counsel, Mr McGowan, that you had worked in the construction industry in South Africa, having started at a very young age as a labourer and eventually working your way up the ladder to that of a foreman.
Between the two projects of your work, you had met your girlfriend’s daughter’s husband, a friend, at a party and, upon discussion, you were lured into drug trafficking before your next project in, I understand, January of 2013. You foolishly volunteered to take the drugs and your expenses on holiday would be paid and, at that time, I am informed by Mr McGowan, you had no understanding of the severity and implication of what you had entered into.
Of course, people involved in serious crimes like this are at risk of being caught and of some retribution. I take into account the fact that you have certainly shown your remorse from a very early stage of these proceedings and that isyour most powerful mitigating factor.
Mr McGowan and the prosecution have submitted to me a number of cases in regard to trafficking in these larger quantities of "Ice". The tariff case is that of Ching Kwok Hung, of which, for an amount of "Ice" over 600 grammes, the sentence should be in the range of 18 years and upwards. I have had regard to the two cases Mr McGowan has submitted to me, that is HKSAR V Oh Chun Kit, CACC 388/2011, where in that case, the Court of Appeal referred to the case of HKSAR v An Unknown Person alias Stojanovic Milka and Skoplijak Sara. That is CACC 110/2010. The other case was Hong Kong SAR v Rajeswary Suppiah, HCCC 266/2011.
The case of Ching Kwok Hung is the tariff case. You had been trafficking in 1.98 kilogrammes of methamphetamine hydrochloride. There was an international element in this case, as the facts clearly show that you were a courier of these drugs in an international trade.
In respect of the amount and quantity of these drugs, having considered all the circumstances of this case, I consider a starting point of 20 years to be appropriate. For the aggravating factor of the international element, I enhance that sentence by a further 2 years. Therefore, the sentencing point, Defendant, is one of 22 years’ imprisonment.
Defendant, I give you the full one-third discount from that 22 years and, Defendant, you will be sentenced to serve 14 years and 8 months’ imprisonment.