COURT: Mr Hui, you had plead guilty to a charge, charged you on 27 April 2023 at a flat in Hong Kong, trafficked in a dangerous drug, namely, 62.1 grammes of a solid containing 47.8 grammes of cocaine.
The facts are as follows. In the evening of 27 April 2023, police officers mounted an anti-narcotics operation and laid ambush near the flat in question in Tsuen Wan. At around 7.28 pm, you were spotted returning to the block, police officers intercepted you outside the lobby and upon body search, two mobile phones were found from you. Two minutes later on the same day, you were escorted to the flat in question for investigation.
The door to the flat was unlocked with your fingerprint and in execution of the search warrant, police searched the flat and found the following items: inside the wardrobe at the bottom of the cabinet next to the bed, a resealable plastic bag marked with handwritten number “100” containing 100 small resealable plastic bags containing a total of 16.8 grammes of a solid containing 12.8 grammes of cocaine.
Another resealable plastic bag marked with handwritten number “99” containing 99 small resealable plastic bags containing a total of 16.7 grammes of a solid containing 13.1 grammes of cocaine.
A third resealable plastic bag marked with handwritten number “95” containing 95 small resealable packets containing a total of 14.1 grammes of a solid containing 10.6 grammes of cocaine.
A fourth resealable plastic bag marked with handwritten number “20” containing 20 small resealable plastic bags containing a total of 14.5 grammes of a solid containing 11.3 grammes of cocaine. And also, two bundles of empty resealable plastic bags.
On the table at the centre of the living room, there were an electronic scale, silver tweezer, a pin, a stapler, cash of $38,000-odd, and also a mobile phone and a tenancy agreement.
You were arrested and under caution, you remained silent. In subsequent video-recorded interview, you also remained silent. According to the tenancy agreement seized, you rented the flat via Midland Realty for the period between 2 April 2023 and 1 April 2025 at a monthly rent of $13,500.
DNA of yours was also found from the brush head of a toothbrush seized from the flat. Government chemist subsequently confirmed the narcotic contents of the four resealable plastic bags containing smaller resealable plastic bags, a total of 62.1 grammes containing 47.8 grammes of cocaine.
Estimated street value was around $67,000-odd.
You are now 27. You have no previous conviction and I can see from submission by Mr Fong, you seem to be hardworking in the sense that you do continue with your studies. Also from the mitigation submitted, you also had a very supportive family.
However, as said by the Court of Appeal on many occasions, previous good character, good background do not count too much towards mitigation for offences of this nature. It is rightly accepted by your counsel that it seems in the circumstances, the only mitigation and therefore the discount I can give you is your timely plea at the magistracy level.
According to the authorities, for 10 to 50 grammes of cocaine, one is looking at a sentencing range of 5 to 8 years. I accept, as there is no evidence suggesting
otherwise, you are only a courier or storekeeper. I would therefore accept it and put you at the lowest end of the scale of culpability.
I will adopt a starting point of 7 years and 9 months in view of the quantity and your culpability. As I said, there is no other mitigating factor except your timely plea for which I will give you a full one-third discount.
Therefore, the sentence I pass on you today is one of 5 years and 2 months.