HKSAR v. Muzlipah

HCCC 437/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 437 OF 2013

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Madam, you have pleaded guilty to a single offence of trafficking in dangerous drugs, that being 3,365.06 grammes of mixture containing 1,294.6 grammes of heroin hydrochloride and 12.74 grammes of 6-monoacetylmorphine hydrochloride.

The facts themselves are extremely simple. Just after 11 pm on 15 June of last year, a Customs officer intercepted you upon arrival at the airport on a flight from Hanoi. The dangerous drugs, the subject of the charge, were found concealed in the hems of dresses, linings of books, book covers, handbags, a paper box and a metal pot in your suitcase.

In a subsequent video-recorded interview under caution, you admitted, inter alia, that a Malaysian female called “Nana” asked you to deliver the suitcase to an unknown male from Guangzhou. You were given the suitcase by an unknown Chinese female and were to receive US$800 for its successful delivery.

You are a person of clear record in Hong Kong. The antecedent statement, which is agreed, shows you to be an Indonesian female, now aged 39, educated to secondary level and a part-time bank employee earning the equivalent of 1,500 to 2,500 Hong Kong dollars per month.

You are divorced with one daughter. You claim that you are not an abuser of drugs.

On your behalf, Mr Donald has entered mitigation which you have heard today. He explained how it was you came to be involved in this offence. I do not intend to repeat that, save to say that it seems you were to receive in total of approximately US$1,000 for the delivery of these drugs; that there was an element, certainly, of being duped into becoming involved; that you are extremely remorseful; and also you have tried your very best to help the authorities to trace, “the bigger wheels” within this organisation. You have done what you can providing the full name, address and photograph of this Nana.

I have also taken into account your letter, and I do express some sorrow about the plight of your daughter. But, of course, this is a very serious offence. The transportation and dealing in drugs is a very very serious matter and one for which severe penalties are laid down by the Court of Appeal.

I have taken all that has been said on your behalf into account. I note your clear record. I note that you have attempted to assist the authorities, and I have considered the contents of your letter.

The following sentence will therefore be imposed.

Given the amount of drugs involved and the nature, I take a starting point of 23 years’ imprisonment. Because of the international aspect of bringing them into Hong Kong, there will be an enhancement of 2 years taking it to 25 years, but there will be a one-third discount for your plea of guilty.

Therefore, you will go to prison for a period of 200 months, which is 16 years and 8 months.