HKSAR v. Fung Chi, Marco

HCCC 76/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 76 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The defendant is convicted after trial by the jury for trafficking of 47.78 kilogrammes of a mixture containing 33.55 kilogrammes of cocaine. The street retail sale value of it amounts to HK$46.7 million. It is a vast quantity in any sense.

On 13 August 2013, the defendant was stopped by a Customs officer at the Hong Kong Airport when he imported the cocaine to Hong Kong from Sao Paulo, Brazil. The cocaine was packed in blocks wrapped around by a coat and contained inside two large suitcases. He was arrested on the same day.

The defendant is now 37 years old. He has completed Form 5 or secondary education. He was single and living with his parents before the arrest. According to his evidence, he was a waiter in the Vietnamese Restaurant. He is not a drug addict.

Trafficking in dangerous drugs is a very serious offence and it calls for a deterrent sentence. In this case, not only the quantity involved is huge, there is also an international element involving importing drugs to Hong Kong from South America.

There is a sentencing guideline laid down by the Court of Appeal in HKSAR v Abdallah for trafficking in cocaine. For quantities between 4 kilogrammes and 15 kilogrammes, the starting point for sentence should be in the range of 26 years to 30 years’ imprisonment. For quantities more than 15 kilogrammes, it will be to the discretion of the sentencing judge. In the present case, the quantity is more than double of the upper limit of the range.

Mr Boyton, mitigating on behalf of the defendant, asked this court to consider the defendant’s attempt to assist the Customs to locate the main culprit behind the scene. Although the attempt to locate the main culprit has been unsuccessful, I am minded to give certain credit for that.

The defendant has a minor conviction of theft many years ago for which he was fined. I am prepared to treat him as having a clear record for the purpose of sentencing.

According to the guideline under Abdallah, for this quantity of cocaine this court may consider a sentence of imprisonment term well over 30 years. The main consideration for sentencing in trafficking in dangerous drugs is the quantity involved. The maximum sentence is life imprisonment.

The defendant is now 37 years old. For a term of imprisonment of 30 years to him is very close to a life sentence.

In the circumstances, I consider a starting point of 33 years’ imprisonment as appropriate. And, as I said, I give credit for the assistance given by the defendant to the C&E Department. The sentence is reduced to 32 years.

The defendant is sentenced to 32 years’ imprisonment.