HKSAR v. Ng Ka Hin

HCCC 528/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 528 OF 2014

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

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COURT: Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You have admitted that on 6 July 2014, at the Customs Arrival Hall, at the Hong Kong International Airport, you unlawfully trafficked in 5.98 kilogrammes of a solid containing 4.82 kilogrammes of cocaine.

On that day, in the morning, you had just arrived on a flight from Bangladesh. You were intercepted at the green channel by a customs officer who requested to open your baggage for inspection. Following a search, a plastic packet was found concealed under the lining of your suitcase. When the officer poked the plastic packet, he discovered that it contained white powder. A narcotics test was performed on the white powder, which gave a positive reading for cocaine. The powder was confirmed to be that as stated in the charge. The street value of the dangerous drugs was estimated to be $6,273,020.

The travel movement record of the Hong Kong Immigration Service showed that you had left Hong Kong on 30 June 2014 and returned that day at 7.53 am.

In a video-recorded interview, you admitted that you had knowingly trafficked in these drugs, cocaine. You had, in fact, stated that you got involved as a result of meeting these undesirable people in Hong Kong. They had arranged for you to go to Brazil to collect these drugs and return with these drugs to Hong Kong. They paid for your air fare.

The reason for you committing this offence was because you were in a large financial difficulty. You had incurred large debts, however you would be rewarded some HK$70,000.

You immediately expressed your remorse in your interview.

Your counsel, Mr Ronny Leung, has mitigated fully and thoroughly on your behalf. I have taken into account what he had said in mitigation on your behalf, and have also noted the contents of the letters written to this court by your family members, relatives, your church pastors and former schoolteachers.

You are now aged 26. At the time of commission of this offence, you were aged 25. You are a man of clear record.

Quite sadly, you are, in fact, a very bright young man who had a bright future. You had done exceptionally well in your academic studies in secondary school such that you gained entry into Hong Kong University to study science. You then changed university to the Hong Kong Science and Technology University to study pure mathematics.

Quite unfortunately, during your studies, your mother had some health issues, which worried and concerned you, as a result it affected your studies and eventually, you did not graduate.

As stated in your interview, you committed this offence, as you had incurred debts. These debts were approximately $200,000 for your mother’s medical expenses and your own expenses after you had moved out of the family home.

You now realise that your commission of this offence was very, very foolish. Earning quick, fast money is usually an alarm bell to say that that type of action is almost always illegal and will have serious consequences. I have no doubt that an intelligent young man such as yourself would have realised the serious criminal activity that you were partaking in when going to Brazil and bringing back these drugs to Hong Kong.

It is sad to see such a gifted, helpful, honest young man involved in such serious criminal activities. I accept it was a desperate, foolish, huge error of judgment you made in your life. The support that you have received from your family and relatives is outstanding. I hope that it remains there for you during the time that you will, of course, be serving in the years to come.

I note that you have already tried to make good of yourself by enrolling in an Open University course to study English. I had already adjourned this matter for some three months since this was committed for sentence from the Magistrates’ Court.

I am informed today by the prosecutor, Mr Melwaney, that there will be a trial sometime starting in April next year, when you will be a witness. This may have an impact on the sentence that you receive. There has been some discussion whether I should deal with you today or after that forthcoming trial. Having given anxious consideration to the length of time until April next year being approximately a year from year now, and the uncertainties, sometimes related to trials which are fixed on certain dates that may be adjourned, I have decided to decided to sentence you today although I note that there may be special circumstances on the papers for a more lenient view to be taken of your sentence. This is not the end of the matter you may take that matter up at a later date, when the result and outcome of the forthcoming trial is known.

Your counsel, Mr Leung, has rightly referred me to the relevant authority and the guidelines, which is HKSAR v Abdallah Anwar Abbas. The guideline starting point for traffickers after trial for the amount of drugs between 4,000 to 15,000 grammes of cocaine is a sentence of between 26 to 30 years’ imprisonment.

Defendant, for the quantity of drugs that were trafficking in, had you been convicted after trial, I would have taken a starting point of 26 years’ imprisonment. You had brought these drugs, or were intending to bring these drugs from Brazil into Hong Kong. There was an international element involved. In following the principles in Abdallah, this is an aggravating factor calling for the enhancement of the starting point. For that aggravating factor, I enhance the sentence by a further 2 years’ imprisonment. Therefore the sentencing point, had you been convicted after trial, would have been one of 28 years’ imprisonment.

Giving you full credit for your plea of guilty, there are no other mitigating factors, you shall be sentenced to 18 years and 8 months’ imprisonment.