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HCCC 261/2023
[2024] HKCFI 861
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 261 OF 2023
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HKSAR |
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v |
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Yip Kong-chung Tony
(also known as Ip Kong-chung) |
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________________________
| Before: |
Hon Andrew Chan J |
| Date: |
8 February 2024 at 11.54 am |
| Present: |
Mr Isaac Guan, PP of the Department of Justice, for HKSAR |
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Ms Lee Shin-man Cindy, instructed by K Y Woo & Co, assigned by DLA, for the accused |
| Offence: |
Trafficking in dangerous drugs (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence. In the evening on 15 September 2021, police officers followed the defendant and gained entry into one hotel room. Inside the hotel room, police officers found 206.13 grammes of ketamine, 0.11 grammes of heroin, 1.49 grammes of ‘Ice’, and 0.28 grammes of cocaine.
The street value was estimated to be over HK$140,000.
The defendant is 58 and has 21 conviction records involving 34 offences which include three counts of trafficking in a dangerous drug. They were committed in year 2000, 2011 and 2018. In fact, the defendant has a long history of drug abuse.
At the time of his arrest, he was unemployed. Due to the COVID pandemic, he was not able to secure any gainful employment. As such, the defendant returned to his old trade.
The present case involves a combination of four different drugs. Counsel from both sides have kindly worked out the different sentences under different tests. Based on quantity under the conversion test and the ratio test, the respective sentences are 96 months and 95 months respectively.
(Discussion re sentence)
The difference is, in my view, insignificant. Given the most favourable benefit to the defendant, the sentence based on quantity alone will be set at 95 months’ imprisonment.
There are, however, aggravating features in this case. Firstly, the defendant was not a simple courier. He was essentially assisting in running a retail business for drug abusers. As such, an additional 6 months will be given.
Secondly, given the fact that this is the fourth conviction of trafficking in a dangerous drug for the defendant, an additional upward adjustment of 9 months would be added on it.
Thirdly, an additional 4 months will be given for the fact that four different drugs were involved. In summary, a total of 114 months would be adopted as the overall starting point.
The defendant will be given the full one-third discount for his earliest plea. In conclusion, for the offence the defendant stands convicted, he is sentenced to 76 months’ imprisonment, ie 6 years and 4 months.
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