COURT: The defendant had pleaded guilty to two counts of trafficking in dangerous drugs. The 1st count charged him on 18 February 2022, outside Golden Carnival Court, Golden Lion Garden, unlawfully trafficked in dangerous drugs, namely 5.978 kilogrammes of a crystalline solid containing 5.905 kilogrammes of methamphetamine hydrochloride. The 2nd charge charged him on the same day, at Flat 3 on the 2nd Floor of Golden Carnival Court, unlawfully trafficked in 21.94 kilogrammes of a crystalline solid containing 21.739 kilogrammes of methamphetamine hydrochloride, as well as 6.11 kilogrammes of a solid containing 4.86 kilogrammes of ketamine.
Facts which you have admitted run like this. In the afternoon on 18 February 2022, police conducted an anti-narcotics operation in Sha Tin. By around 3.15 in the afternoon, you went to the 2nd floor of Golden Carnival Court. You were carrying a rucksack. By around 4.10 in the afternoon, you left carrying the same rucksack and holding a paper bag.
You were intercepted by police. Inside the paper bag, there were two tin foil packets, each containing a plastic packet containing a total of 1.99 kilogrammes of a crystalline solid containing 1.96 kilogrammes of methamphetamine hydrochloride. There were also two paper bags inside the paper bag.
Inside the rucksack, there were first four plastic packets, each containing a tin foil packet containing a plastic packet containing a total of 3.988 kilogrammes of a crystalline solid containing 3.945 kilogrammes of methamphetamine hydrochloride.
Some key cards and keys were found on you, also, electricity and water bills issued to you for Flat 3, on the 2nd Floor of Golden Carnival Court. Also a receipt of a delivery service and also an Octopus card and three bank cards were found inside the rucksack.
In total, you were carrying 5.978 kilogrammes of a crystalline solid containing 5.905 kilogrammes of ‘Ice’.
Upon arrest and under caution, you said that you helped others to traffic in drugs because you were in need of money. That is for the 1st charge in the indictment.
The police then escorted you back to the flat. Using the keys found inside the rucksack, they gained entry. It was a two-bedroom apartment. On the tables in the living room, police found, first, 13 tin foil packets each containing one plastic packet containing a total of 12.97 kilogrammes of a crystalline solid containing 12.879 kilogrammes of ‘Ice’. Secondly, nine plastic bags each containing a tin foil packet containing two layers of plastic packet containing a total of 8.97 kilogrammes of a crystalline solid containing 8.86 kilogrammes of ‘Ice’. Thirdly, 25 transparent resealable plastic bags containing a total of 6.11 kilogrammes of a solid containing 4.86 kilogrammes of ketamine.
Drug trafficking paraphernalia such as tin foil packets, spoons, bowls, resealable plastic bags, digital scales, gloves, cling foil and plastic bag sealers and some stationery were also found on the tables. Near the tables there was a suitcase with three nylon bags, a carton box with a bulk of paper bags and some plastic bags. There were also three rolls of plastic bags. There was also a tenancy agreement of the flat.
Inside the flat there was altogether 21.94 kilogrammes of a crystalline solid containing 21.739 kilogrammes of ‘Ice’. Also there was 6.11 kilogrammes of a solid containing 4.86 kilogrammes of ketamine.
Under caution inside the flat, you said that those were the illicit drugs that you helped others to traffic. For that
you would receive HK$2,500 for every “strip”.
Police also found from you two mobile phones with a SIM card and both phones containing photographs depicting dangerous drugs. That is the fact for the 2nd charge.
The total quantity of the drugs in both counts are 27.918 kilogrammes of a crystalline solid containing 27.644 kilogrammes of ‘Ice’ and 6.11 kilogrammes of a solid containing 4.86 kilogrammes of ketamine.
The estimated street value of the drugs was $14,908,212.
In subsequent video-recorded interviews, you admitted you were referred by someone for an opportunity to earn more money. Someone unknown phoned your personal mobile phone and offered to pay you HK$2,500 for delivering every “strip” of substance, and one “strip” represented one tin foil packet of substance. You accepted the offer and collected a mobile phone from an unknown person. You provided your personal particulars for arranging to rent the flat in question. And on 27 October 2021, you went to the flat for an inspection, and signed a tenancy agreement. You then gave a key of the flat to the unknown person and the rental deposit was paid by the unknown person.
In January 2022, you followed the instruction of the unknown person and purchased the bulk of paper bags.
On the day before your arrest, you followed someone’s instruction over the phone to go to Kowloon Peak to pick up two nylon bags of substances from a bush, and brought them to the flat.
At around 3 to 4 in the afternoon on the day of your arrest, you received instruction over the phone to take some of the substances from the flat to some people. And you were carrying the packets of substance when you were arrested by police.
Further inquiries conducted by police confirmed that you had rented the flat for two years from 27 October 2021 at a monthly rent of HK$13,000. You accepted that you knew the substances contained inside the tin foil and plastic packets and the resealable plastic bags were dangerous drugs and you possessed all the drugs for the purpose of unlawfully trafficking in their entirety.
You are now 30 years old. You co-habit with a woman and the two of you had two daughters. Unfortunately, your girlfriend suffer from kidney illness and require medical attention.
You used to be in gainful employment. However, at the time
of your arrest, you were unemployed as the casual work was
scarce at the peak of the COVID pandemic. It is because of financial burden you committed the present offence.
You have a clear record. Though one would be sympathetic of the situation that you found yourself in, but it had been said by the Court of Appeal on many occasions that personal background and financial hardship do not mitigate the serious offence of drug trafficking. This is a very serious case of drug trafficking given the total quantity of drugs seized. So I am afraid though I would be sympathetic with your background, I cannot give you any credit or discount.
I will take a global view in view of all the drugs in both charges were found close in proximity in time and place. I will sentence you as if there was only one count of trafficking in all the drugs seized in this case.
As stated in the Summary of Facts which you admitted, the total drug seized is over 27 kilogrammes of ‘Ice’ and nearly 5 kilogrammes of ketamine. In HKSAR v Abdallah [2009] 2 HKLRD 437, over 15 kilogrammes of ‘Ice’ is at the sentencer’s discretion. Although the guideline in Abdallah is applicable to cocaine and heroin, it is also said in the case of HKSAR v Tam Yi Chun [2014] 3 HKLRD 691 for quantities over 600 grammes, the guideline in Abdallah is applicable for ‘Ice’.
For the ketamine found in this case, it was said in HKSAR v Sin Chung Kin [2013] 1 HKLRD 627, 2 to 3 kilogrammes of ketamine, one look at 18 to 20 years. And in that case, for 5.12 kilogrammes of ketamine, a starting point of 22 years was adopted and the Court of Appeal said that this was not manifestly excessive.
One can readily see that the drugs in this case goes beyond the quantity suggested in the guidelines. In this case, there are more than one type of drugs found, which further aggravate the seriousness of the case. However, I agree with your counsel, Ms Wong, that it is not useful to do any calculation according to the tests set out in HKSAR v Chan Yuk Leong CACC 318/2013, because trafficking in over 15 kilogrammes of ‘Ice’ already attracts a sentence over 30 years. So if you want to do any calculation according to the tests suggested in Chan Yuk Leong, the end result will be over 30 years. Perhaps I would say more than 35 years.
I am grateful to your counsel, Ms Wong, who referred me to a case of the Court of Appeal, HKSAR v Sum Ka Wa, which is CACC 144/2023. In paragraph 26 of the judgement, the Court of Appeal had this to say:
“...we think we should state that realistically and for all practical purposes, there is a prevailing sentencing limit for the offence of trafficking in dangerous drugs, which is 35 years’ imprisonment after trial. We would not be prepared to say that a sentence must never exceed such a figure: if we did, we might quickly regret doing so, and we must always acknowledge that the maximum sentence for the offence prescribed by the legislature is life imprisonment. Factors such as the sheer enormity of the quantity of dangerous drugs concerned, the very high position of the defendant responsible for the offence and its financing, the defendant’s antecedents, as well as other relevant factors aggravating the offence, may cause judges in the future to look beyond that limit. However, such exceptional circumstances apart, it is the experience of the courts of this jurisdiction in sentencing under the various guidelines, which have existed for trafficking in dangerous drugs over more than four decades, that 35 years’ imprisonment after trial is in reality likely to be the longest sentence that will be approved by this court.”
None of the factors suggested in the judgment exist in your case. As a result, though the tests suggested in Chan Yuk Leong would suggest a sentence of over 35 years, I will not take an initial starting point of 35 years or over, in view of what was said by the Court of Appeal in Sum Ka Wa.
You are not just doing the delivery but also rented premises, as well as purchasing the bulk of paper bags used no doubt for the purpose of trafficking in dangerous drugs. I also noted the premises was rented in October 2021 and you were arrested in February 2022. Having considered your role and culpability as a courier and a storekeeper, I take a starting point of 31 years, bearing in mind what the Court of Appeal said in Sum Ka Wa. I cannot and will not give you any discount for your family background, however, I will give you a discount of one-third for your timely plea. The sentence will come down to one of 20 years and 8 months.
I stand back and look at the sentence of 20 years and 8 months. I find that is fair, just, and balanced in all the circumstances of the offence and your background. I pass on you, for Count 1 and Count 2, for both counts, each 20 years and 8 months but I would order them to run concurrently. So the total sentence you are going to serve is one of 20 years and 8 months.