HKSAR v. Ho Sin Hang

HCCC 360/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 360 OF 2013

-----------------

-----------------

------------------------------------------------

Transcript of the Audio Recording

of the Sentence in the above Case

------------------------------------------------

COURT: On 25 November 2014, you pleaded guilty to one count of trafficking in a dangerous drug, namely 27.90 grammes of a crystalline solid containing 27.14 grammes of methamphetamine hydrochloride, commonly known as “Ice”. You also pleaded guilty to one count of possession of a dangerous drug, namely 0.25 gramme of a crystalline solid containing 0.25 gramme of methamphetamine hydrochloride. You also admitted the Summary of Facts prepared by the prosecution, and you were convicted as charged.

At about 8pm on 6 March 2013, you were walking along Lai Chi Kok Road in the direction of Kweilin Street. A team of police officers intercepted you. A search was conducted on you, and you were found in possession of a large plastic bag of “Ice”, subject matter of the 1st count; and also a small plastic bag of “Ice”, subject matter of the 2nd count.

The seized dangerous drugs had an estimated retail value at the time of the seizure of HK$22,379.

In a subsequent video recorded interview, you stated, among others, the following.

You were working for a person called Ah Keung. You had subsequently been asked to help him to traffic in dangerous drugs, and this was the first time you had done so. Some 10 minutes before you were arrested, Ah Keung had called you telling you to get the packet of “Ice” from a flowerpot at a park in Lai Chi Kok and deliver it to a location near Wellcome where someone would contact you.

You were to be paid HK$400. The “Ice” in the smaller packet was the leftover from some “Ice” Ah Keung had given you two days previously.

You were charged with the present offences and your case was transferred to the High Court. You were granted Legal Aid, and your trial was scheduled to take place between 17 and 23 June 2014.

The record reveals that 7 March 2014 had been fixed for your plea and sentence. On 7 March you told the court that you were no longer legally represented and that you would plead not guilty to the charges. Your trial had to be re-fixed, this time to begin on 18 November 2014 for six days. The record further reveals that you reapplied for Legal Aid on 17 November which was subsequently granted.

You pleaded guilty to the two charges on 25 November and indicated to this court that you wished to provide assistance to the police. Your sentence was adjourned to 18 December pending that development. It was further adjourned to today.

I have considered the information provided by you to the police and heard submissions from counsel. I think there is no dispute that your assistance has not led to any fruitful or tangible result.

You are not entitled to any discount on that information.

I have also heard submissions from counsel on the issue of late pleas. There was apparent tardiness on your part which prolonged the proceedings and many court hearings had to be arranged.

However, in all the circumstances I am prepared to give you the benefit of the doubt and will not withhold the customary discount you are entitled to.

I have heard mitigation on your background and on your commission of the offences. The only real mitigating factor is your pleas of guilty for which I will give you the full one-third discount.

The applicable tariffs are those set out in Attorney General v Ching Kwok Hung [1991] 2 HKLR 125.

I shall adopt a starting point of 7 years and 9 months for the 1st count, and 3 months for the 2nd count. I shall discount them by one-third. You are to serve 5 years and 2 months for the 1st count, and 2 months for the 2nd count, to be served concurrently with the sentence on the 1st count. That is to say, you shall serve a total sentence of 5 years and 2 months.