HKSAR v. KAN CHI CHONG

HCCC 425/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 425 OF 2015

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

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

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

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

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

COURT:

The defendant pleaded guilty to the 1st count of trafficking in 288.3 grammes of “Ice”, and 2nd count of possession of 1.06 grammes of “Ice” and 0.18 grammes of ketamine.

At about 3.30 pm on 21 April 2015, the defendant was intercepted for customs clearance at the arrival hall of Lok Ma Chau Control Point. The defendant was carrying a plastic bag with a paper box inside, a customs officer cut open the paper box and found 6 tinfoil bags containing “Ice”. This was the subject matter of the 1st count.

The defendant admitted that he took the “Ice” to Hong Kong for a friend, “Fat Chai”, he would receive $3,000 to $4,000 afterwards. He had yet to receive any reward.

The retail value of the “Ice” seized was about $126,000. The defendant agreed to participate in a controlled delivery operation but it was unsuccessful.

During the subsequent home search, the customs officers found the dangerous drugs of the 2nd count inside a cigarette box on a shelf above the defendant’s bed. The retail value of this drug was about $460. The defendant admitted it was for his self-consumption.

The defendant is 27. He attained Form 5 education. He has one previous conviction for possession of a dangerous drug in 2009. He was put on probation for 12 months. The defendant was single at the time of the arrest. He was a delivery worker. He was an addict.

The defendant wrote to this court indicating his remorse. He committed the present offence because he was in debt. He succumbed to the persuasion by dubious friends. Since remand, he became a Christian. He had determined to change. He pleaded for leniency.

According to his mother, the defendant was a responsible son who maintained and supported the family. She pleaded for leniency.

I am grateful to counsel, Mr Parry and Ms Moosdeen for drawing my attention to the relevant authorities including HKSAR v Edward CACC 163/2016, HKSAR v Chung Ping Kun CACC 85/2014, HKSAR v Maningas CACC 278/2011, and HKSAR v Darlington CACC 78/2015.

According to HKSAR v Tam Yi Chun [2014] 4 HKC 256, the starting point for trafficking 288.3 grammes of “Ice” should be 14 years and 10 months’ imprisonment. The defendant brought this drug to Hong Kong. I enhanced the starting point by 6 months. The final starting point is 15 years and 4 months’ imprisonment. I deduct 5 years and 1 month for his plea.

The defendant cooperated with Customs in the controlled delivery operation, but it was unsuccessful. He gave further information to the Customs, but there was no positive result. I accept that the defendant genuinely assisted the Customs. I would give him an additional reduction of 12 months for all the assistance. I sentence the defendant to 9 years and 3 months’ imprisonment for the 1st count.

For the 2nd count, I take a starting point of 12 months’ imprisonment, I deduct 4 months for the plea. I sentence him to 8 months’ imprisonment.

The two counts were not connected, and of different nature. Taking into account totality, I order 3 months of the 2nd count to run consecutive to the 1st count.

The defendant has to serve a total of 9 years and 6 months’ imprisonment.