HKSAR v. HUANG RUIFANG

HCCC 455/2017

[2018] HKCFI 2858

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 455 OF 2017

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

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COURT:

Huang Ruifang, I am not going to preach a sermon to you. Suffice it to say that you willingly lent your aid to the filthy trade of international drug-trafficking by bringing a very large quantity of cocaine into Hong Kong. It was 4,770 grammes of cocaine in 6,960 millilitres of liquid suspension.

Mr Cheung, your barrister, will have told you that there are firm guidelines laid down by the Court of Appeal as to how I, and all judges in Hong Kong, should sentence those who choose to traffic in dangerous drugs.

Mr Cheung will have told you those guidelines are based on the narcotic content or weight of the drug trafficked. Mr Cheung will have told you that judges are expected to stick to those guidelines unless there are very good reasons not to do so. I have to tell you that there are no such very good reasons in your case.

For the amount of cocaine that you attempted to bring into Hong Kong, and again, I say it again, it was 4,770 grammes of the stuff. Those guidelines, which must be strictly followed, say that your starting point sentence should be one of 26 years and 4 months.

Added to that there is the aggravating factor that you attempted to import this very large quantity of cocaine into Hong Kong. In fact, bringing it from as far away as Brazil, halfway around the world. It is well-established in these courts that those who engage in international drug smuggling aggravate their offence. This means that their sentences should be higher than the sentences that would be passed on those who traffic in dangerous drugs entirely within Hong Kong.

It is well-established that for the quantity of dangerous drugs that you smuggled, or attempted to smuggle, into Hong Kong, an enhancement of your sentence for the international element should be an additional 2 years’ imprisonment.

I am sorry to say you have no mitigation whatsoever. I have seen the letter from the Reverend Anita Ching and I hope that the Reverend Ching and the Christian Prison Pastoral Association can be of help and comfort to you in the years to come. I am afraid that is as far as it goes.

Your sentence for your offence of trafficking in dangerous drugs is one of 28 years and 4 months’ imprisonment.