HKSAR v. Fu Chi Pang

HCCC 15/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 15 OF 2015

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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant has pleaded guilty to one charge that on 18 May 2014 at Tuen Mun, he unlawfully trafficked in a dangerous drug, namely 27.44 grammes of a crystalline solid containing 26.55 grammes of methamphetamine hydrochloride, commonly known as “Ice”.

The defendant has pleaded guilty at the first available opportunity, namely at the magistrates’ court, to the charge against him and admitted the Summary of Facts.

As set out in the Admitted Summary of Facts, on the date of the defendant’s arrest, namely 18 May 2014, he was stopped and searched by a team of police officers outside a public toilet at Tsing Yeung Street, Tuen Mun at around 4:28 am. Two plastic bags of the Ice drug inside a cigarette box were found on the defendant.

Under caution, the defendant said that he was unemployed and admitted that he would sell the drugs to earn money. Later on the same day, the defendant at a video recorded interview admitted his knowledge of the drug seized and further said that since he had no job task for a month, he therefore sold the drugs to earn money for his three-month old daughter. In May 2014, the estimated retail value of the drugs was HK$11,580.

By way of personal background, the defendant was born in Shenzhen in 1987 and came to Hong Kong in 1998. He is now 27 years of age. The defendant received education up to higher diploma level in Hong Kong. He had worked as a decoration and construction worker, earning around $12,000 a month. However, he had been unemployed for more than one month before he was arrested.

The defendant separated from his wife in March 2013. Subsequently he met his girlfriend, and they have a daughter who is now one year old. Before the arrest, the defendant lived with his parents, his younger brother, his girlfriend and their daughter at a public housing unit. Currently his girlfriend, together with the daughter, are residing with her parents.

The defendant has six previous convictions, including one previous for trafficking in dangerous drug. For that offence, he was sentenced to one month imprisonment.

In mitigation Mr Chase Pun on his behalf asked for the full discount of one-third to reflect the defendant’s guilty plea, which was tendered at the first opportunity.

The defendant has been convicted on his own plea on one count of trafficking in a dangerous drug. The drug involved is 27.44 grammes of a crystalline solid containing 26.55 grammes of methamphetamine hydrochloride. The Court of Appeal in the case of Attorney General v Ching Kwok-hung [1991] 2 HKLR 125,has set out the tariffs for trafficking in the Ice drug. For trafficking in between 10 and 70 grammes of methamphetamine hydrochloride, the proper sentence to be imposed after trial should be 7 to 10 years’ imprisonment.

In my view, following the guidelines in the Ching Kwok-hung case and based on the quantity of the narcotic involved, the proper starting point for sentence in the present case should be seven years and nine months’ imprisonment. I shall give the defendant the full one-third discount for his guilty plea. Defendant, you are accordingly sentenced to five years and two months’ imprisonment.