HKSAR v. Pong Man Ting

HCCC 408/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 408 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 pleads guilty to trafficking 490.81 grammes of “ice”.

At about 9.50 pm on 13 May 2014 at the Arrival Hall of Lok Ma Chau Spur Line, the defendant was intercepted by Customs & Excise officers for a body search. The officer found three resealable plastic bags wrapped round her trunk with cling film, there was “ice” inside each plastic bag.

The defendant admitted in a subsequent video interview that she trafficked the “ice” for her friend, Kwong Yiu-cheong, for a reward of $5,000. She let Kwong wrap the three plastic bags round her trunk. She was told to contact another person after entering Hong Kong.

The estimated value of the “ice” was about HK$212,000.

The defendant is 26. She has one previous conviction of attempted theft in 2011. she was born in China and went to Hong Kong at the age of 3. she studied up to Form 5. She gave birth to a daughter in 2004. The daughter is at present studying in Primary 4 in Hong Kong. The defendant married in 2012 with a mainland male who provides no financial support to her. The defendant had worked as a sales girl, receptionist and call centre operator, earning about $7,000 per month. She had stopped working in 2013 to take care of her daughter. She was on CSSA before the present offence.

She was a drug addict since 2012. She claimed that she took 0.8 to 1 gramme of “ice” per day. She indicated that about 40 grammes of the “ice” seized in this case were meant for her reward.

The defendant submits letters indicating great remorse. She is very concerned about the future of her daughter and pleads for leniency.

The defendant claims that about 40 grammes of the “ice” in this case were meant for her own consumption. The prosecution would not dispute this fact. I will adopt the approach in Wong Suet Hau CACC 366/2000. I first deduct the 40 grammes from the bulk.

For the 450.81 grammes of “ice” the starting point should be 16 years’ imprisonment according to Ching Kwok Hung [1991] 2 HKLR 125. Taking into account the 40 grammes for her own consumption and the latent risk, I adjust the starting point to 16 years and 3 months’ imprisonment. The defendant took drugs into Hong Kong. I add 6 months to reflect this aggravating circumstances.

The final starting point should be 16 years and 9 months’ imprisonment. For her plea, I deduct 5 years and 7 months and I sentence the defendant to 11 years and 2 months’ imprisonment.