HKSAR v. CHUNG KA LUN

HCCC 208/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 208 OF 2015

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

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COURT: The defendant was convicted after being found guilty by a jury of conspiring with a person, Cheung Ka-chun, to traffic in 'Ice'. The jury verdict was unanimous.

The facts of the case are set out in more detail in the recent summing-up but can be stated briefly as follows. The defendant and his co-conspirator Cheung were found together in the rear passenger seat of a New Territories taxi which was stopped at a police roadblock in Tin Shui Wai. That occurred on 9 January 2013. On the floor of the taxi where Cheung was sitting were found four packets of 'Ice' totalling 138 grammes. Both the defendant and Cheung were arrested.

When the defendant was searched, some $12,800 was found on his person together with four mobile phones. The defendant was eventually released unconditionally. Cheung subsequently pleaded guilty to trafficking in the drugs and was sentenced to 7 years and 4 months’ imprisonment but, prior to being sentenced, he made a number of non-prejudicial statements implicating the defendant in a continuing conspiracy to traffic with Cheung in 'Ice'.

The defendant was rearrested and proceeded to the present trial. Cheung gave evidence and his evidence was indeed the only substantive evidence of the defendant and he being co-conspirators in trafficking the 'Ice'.

The jury obviously accepted Cheung’s evidence and although he was vague and inconsistent as to the precise term of the conspiracy, he being an 'Ice' addict and a heavy consumer of the drug at the time of these events, I accept that the conspiracy lasted for about one month, the defendant having been released from prison in respect of another unrelated offence on 3 November 2012.

On the basis of Cheung’s evidence, I further accept that Cheung was a middleman acting for the defendant in the selling of 'Ice' to addicts. The defendant was the leading figure in the conspiracy and had asked Cheung to accompany him on the night they were arrested as he, the defendant, obtained more drugs to replenish his stock.

'Ice' is an evil drug. It is highly addictive and is capable of provoking considerable aggression in an addict. It therefore can cause substantial damage to both the addict and potentially also to other individuals in society.

The defendant conducted his business from a drug den in Tin Shui Wai, referred to as ‘Room 1716’ at trial. That den had, at times, up to five persons consuming drugs in it at any one time. The defendant, according to Cheung, would also sell 'Ice' to persons in Room 1716, although that last aspect is irrelevant to the present sentence.

Cheung’s role was to deliver drugs to outside purchasers and return the purchase money to the defendant. For that service, he received a reward of 'Ice' and sometimes cash. Therefore, I am sure, from Cheung’s evidence, the defendant was the major figure in their two-man conspiracy.

In my view, the appropriate starting point of sentence is 15 years’ imprisonment. There is no mitigation of any substance which can be advanced on behalf of the defendant, and indeed, Mr Leung’s submissions were centred on the appropriate starting point of sentence.

Accordingly, the defendant is sentenced to 15 years’ imprisonment.