COURT: Defendant, stand up, please.
Defendant, you have pleaded guilty and admitted the facts before the Magistrates Court. You have confirmed that plea and confirmed the admission of facts before me today. The charge, as we know, is one of trafficking in 290 grammes of solid containing 260 grammes of cocaine.
The facts are as follows. At about 17.32 hours on 18 December last, you and a Chinese female were seen walking towards the lift lobby of Wu Boon House, Wu King Estate. You carried a red bag. You were intercepted, the bag was searched and 13 packets of suspected dangerous drugs were found. You were arrested and you were cautioned.
In reply, you said:
“Ah sir, I assisted Ah Kit to deliver these 10 odd plastic bags of cocaine for monetary reward. This has nothing to do with my girlfriend.”
You were searched and two mobile phones and cash amounting to $14,170 was found.
Subsequent analysis showed the dangerous drugs to be 290 grammes of solid containing 260 grammes of cocaine. In a later video-recorded interview you said, amongst other things, the following:
(a) That you confirmed your earlier admission.
(b) That you were delivering the dangerous drugs for Ah Kit.
(c) Three to four days before you met Ah Kit who offered you several thousands of dollars. You agreed, as you were unemployed at the time. He gave you a mobile phone for contact.
(d) That at about noon on 18 December, Ah Kit contacted you and instructed you to go to the toilet at the market of Butterfly Estate to pick up a red bag containing cocaine. You did so, then you proceeded to your girlfriend’s home, which is Room 915, Wu Boon House where you placed the bag in a drawer in the bedroom. Later Ah Kit phoned you to tell you to take the bag to Lam Tin by 19.00 hours. You were arrested as you left the house.
(e) You were promised several thousand dollars, but received nothing.
(f) You acknowledged the exhibits.
(g) The $14,170 were your wages. You had lost your job a month prior to this event.
The street value of the cocaine is estimated at some $412,380.
You are a young man with no previous convictions. You accept the contents of the antecedent statement, which the police provided. That tells me that you are now 24, educated to Form 5 and unemployed. You claim you are not an addict. You are single and reside with your family.
On your behalf, Mr Egan has entered mitigation. He points to your relative youth, your clear record, the family support that you enjoy, as evidenced by the presence of so many of your family in court today. That you were cooperative from the very outset and this offence occurred because you were tempted financially, having lost your job.
Whilst acknowledging that the range of starting point for the sentence is some 12 to 15 years, he asks me to be as lenient as possible and go a bit below that, if possible. Mr Egan has read out four letters of support. The first was from the Vicar of your church, the second from two friends, the third from your former employer and the fourth one from your mother. In assessing sentence, I have taken those fully into account.
Defendant, it has to be said that trafficking in dangerous drugs is a very serious matter. Dangerous drugs wreck lives and cause social problems and that is why the starting points are set very high in Hong Kong.
However, in this case there is much mitigation. It saddens me to see a young man of, 23 at the time of the offence, committing such a serious matter. Having acknowledged your commission of the offence, you were entirely cooperative with the police and then with the courts. It is to your credit that you were quick to exonerate your girlfriend from any blame. I take into account that it was financial need which drove you and I have considered the testimonials read to me, as I indicated previously.
I also take into account your clear record and your youth. Having considered all matters, I cannot go below the usual guidelines, but I will pitch this at the very bottom of those guidelines.
I take a starting point of 12 years’ imprisonment, reduced to 8. You will go to prison for 8 years.