HKSAR v. TURO BALAZS AND ANOTHER

HCCC 406/2025

[2026] HKCFI 2207

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 406 OF 2025

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

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COURT: Both defendants have pleaded guilty in the Magistrates’ Court to one count of conspiracy to traffic in a dangerous drug, namely 911 grammes of a solid containing 646 grammes of cocaine. The facts are quite common nowadays, unfortunately, is that both defendants arrived on a plane from Paris and subsequently, on examination at the North Lantau Hospital, it was discovered that they had foreign objects in both their body cavities.

Subsequently, the 1st accused discharged a total of 496 grammes of a solid containing 353 grammes of cocaine and the second defendant discharged a total of 415 grammes of a solid containing 293 grammes of cocaine.

The estimated retail value of all the dangerous drugs seized from both accused amounted to about HK$685,000.

The 1st accused has a clear record in Hong Kong and so do the 2nd accused. The 1st defendant is aged 38 and the 2nd defendant is aged 42.

It has been said in mitigation, first of all, on behalf of the 1st defendant, Mr Percy says that the 1st defendant had previous good character and is from Hungary and that he is remorseful, as can be demonstrated from his letter which is attached to his mitigation. And so it is submitted therefore that because of this early plea, he should be given the full one-third discount.

The 2nd accused is represented by Mr Beel and as far as she is concerned, she apparently was married. Her husband passed away in 2022 and she has three children ranging in age from 16 to 20 years old. The eldest boy is suffering from depression and is receiving treatment.

For the 2nd accused, she has pleaded guilty to the charge which demonstrates her remorse and that Mr Beel submits that she is also entitled to the full one-third discount.

Now, in assessing sentence, it is always difficult to sentence a foreign national to a long time in prison. However, as can be seen from the sentences handed down by our courts that we take a very, very serious view about trafficking in dangerous drugs. We have an open border and constantly we are fighting a losing battle to stop drugs from entering our society.

Mr Percy and Mr Beel submitted that, well, perhaps the knowledge is not widespread around the world about our treating drug traffickers seriously. However, in this day of the internet, it is not difficult to find out such information if one looks at it. And as Mr Percy pointed out, well, Hungary cannot be considered an impoverished country. It is part of the European Union and I am sure people are well educated there enough in any event to have the access to the internet. So having said all that, the sentence has to be a deterrent one. The background of each defendant pales into insignificance when one considers the seriousness of this offence.

And I consider that as far as conspiracy in trafficking and trafficking itself, both are covered by the sentencing guidelines which has been laid down in Huang Ruifang. And as Mr Percy submitted, the Court of Appeal has recommended that for trafficking in between 500 to 1,500 grammes, the sentence should be one of 16 to 20 years’ imprisonment. And as the drugs in this case is 646 grammes, in total it would attract a sentence of about 16 years and 7 months’ imprisonment. I will adopt that calculation.

As far as enhancement is concerned, of course one looks at the overall circumstances and also the fact that the drugs were imported into Hong Kong from overseas. As far as the

level of enhancement is concerned, Mr Beel has submitted that the revised enhancement appears to be lower than what it was before. I can only comment, make a comment, that as far as I am concerned, there should not be a significant decrease in the enhancement particularly in light of the fact that we seem to be getting a constant flow of so-called visitors to Hong Kong carrying drugs.

I would accept Mr Percy’s submission that a 12-month enhancement would be sufficient in this case. So the starting point being 16 years, 7 months plus 12 months will bring it to 17 years, 7 months.

I will give both defendants the full one-third discount for their early plea. And so they will be sentenced to 11 years and 8 months.

(Discussion re sentence)

All right, so both defendants are sentenced to 11 years and 8 months. Thank you.