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HCCC278/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 278 OF 2008
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Before: Hon Longley, DJ
Date: 20 January 2009 at 10.09 am
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Present:
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Ms Chan Shuk Yi, Christal, Senior Public Prosecutor for HKSAR
Mr Shau Patrick Kelly, assigned by the Director of Legal Aid, for the Accused
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Offence:
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Trafficking in a dangerous drug, etc.
(販運危險藥物等罪項)
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Transcript of the Audio Recording
of the Sentence in the above case
COURT: Yes, Li Yu-kwong, you have been committed to this court for sentence following your plea of guilty in the Magistrates’ Court to a charge of trafficking in 994.32 grammes of a powder containing 817.63 grammes of Ketamine.
You were stopped by Customs officers as you entered Hong Kong by way of the Lo Wu control point from the mainland on 1 July last year. The Ketamine which forms the subject matter of the charge was found in a plastic bag concealed in a woman’s girdle you were wearing at the time. It was concealed at your back. This is apparent from the photographs I have seen. You told the Customs officers that you knew what the drugs were and that you were delivering them to someone at the KCR University Station in return for a reward of $4,000. I have been told that the drugs themselves had a retail value of over $130,000.
As you must have known, drug trafficking is an evil business. It can bring great suffering to those who become addicted. The courts are bound to pass substantial sentences to deter others who might be minded to engage in the same activity. You yourself would have known that very serious consequences would follow if you were caught, and yet you chose to take that risk.
The appropriate starting point in this case is 13 years’ imprisonment. The most substantial mitigation in this case is the plea of guilty that you entered in the magistrates’ court and the evidence that provides evidence of your remorse for what you have done. For that you are entitled to the usual discount of one-third.
I have listened to all that Mr Kelly has said on your behalf. The fact that you were indebted to loan sharks does not provide any mitigation for this offence. I am, however, prepared to accept that you did make a genuine attempt to co-operate with Customs officers and make a controlled delivery to the person who was to receive these drugs. In my view that does warrant additional discount.
Bearing that in mind, I am prepared to pass a sentence in your case of 8 years’ imprisonment.
(Proceedings from 10.14 am not required)
Court rises - 10.15 am
20 January 2009
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