HKSAR v. TUNG PUI YEE

HCCC 382/2024

[2025] HKCFI 2277

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 382 OF 2024

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REASONS FOR SENTENCE

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The Charge

1.  On 7 November 2024, the defendant pleaded guilty in the magistracy to one count of trafficking in a dangerous drug, contrary to section 4(1)(a)  and (3)  of the Dangerous Drugs Ordinance, Cap. 134.  The count involved 36.8 grammes of a crystalline solid containing 36.5 grammes of methamphetamine hydrochloride.  On the same day, the defendant admitted a Summary of Facts dated 6 November 2024 and she was committed to the Court of First Instance for sentencing.  Today, before this Court, the defendant confirmed her guilty plea to the trafficking count and her admission of the Summary of Facts.

Facts Admitted

2.  The facts of the case can be summarized as follows. 

3.  In the evening on 9 May 2023, the defendant was intercepted by the police when she left the lobby of the building where she lived.  She was escorted back to her residence for a house search with a warrant.

4.  With the keys provided by the defendant, the police gained entry to her flat.  Upon a house search and inside a cupboard in the washroom, the police found, inter alia, 6 resealable plastic bags containing 36.8 grammes of a crystalline solid containing 36.5 grammes of methamphetamine hydrochloride (“ICE”), an electronic scale and some bundles of resealable plastic bags.

5.  When later arrested and cautioned at the scene for the offence of trafficking, the defendant admitted that some of the drugs were for sale to earn money for living expenses.  In a cautioned video-recorded interview held on 10 May 2023, the defendant admitted that the dangerous drugs belonged to her and she had bought them from a man called “Luen Mo” (i.e. “curly hair”)  around a week ago.  She claimed that she had bought the 6 packets of ICE at around HK$11,000 and she had planned to sell every 0.75 gramme of ICE for around HK$600. She also admitted that the bundles of resealable plastic bags were for repackaging the drugs and that she had used the electronic scale to make sure that the actual weight of the drugs sold to her was accurate.

6.  Upon examination of the defendant’s mobile phones, the police found WhatsApp messages created on 9 May 2023 showing the defendant’s conversations with two potential buyers concerning the sale of ICE with different weights and their negotiations over the prices.

7.  The defendant further admitted that she had knowledge of all the dangerous drugs seized from her residence and had knowingly possessed all of them for the purpose of unlawful trafficking.

8.  The estimated street value of all the dangerous drugs seized was HK$21,970.

Background and Mitigation

9.  Born in Hong Kong, the defendant was aged about 36 at the time of the offence and she is now almost 38 years old.  She had received up to Form 5 education. She then worked as a clerk in a logistic company until 2010 and she became unemployed.  She got married in 2007, gave birth to a daughter in 2017 but divorced in 2019.  She started another relationship with another male in 2019 and gave birth to another daughter in 2019 and a son in 2023. She got married with the other male in 2023.  She has 7 previous criminal convictions but they were all unrelated to dangerous drugs. 

10.  Through her counsel Mr. Mak, the defendant has submitted a letter written by herself, one by her current husband and two letters by two Christian bodies in mitigation.  In her own letter, she expressed shamefulness and full regrets for having committed the offence; whereas her husband pleaded for leniency on her behalf.  The letters from the two Christian bodies also demonstrate her remorse and willingness to be rehabilitated whilst serving her sentence.

Sentence

11.  In sentencing the defendant, I will follow the six steps as set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, bearing in mind also the Court of Appeal’s guidance in HKSAR v Lee Ming Ho [2024] 1 HKLRD 1186.

12.  The first step is to identify the relevant guideline band applicable to the quantity of the dangerous drugs in question.  In the present case, Mr. Mak pointed out that the total quantity of ICE is 36.5 grammes and the starting point for that quantity should be 8.76 years or about 8 years and 9 months: see HKSAR v Huang Ruifang [2025] 2 HKLRD 138 at §66.  That starting point is also confirmed by Ms Angela Wong, counsel acting for the prosecution.

13.  The second step is to assess the role and culpability of the defendant based upon the Summary of Facts before the Court.  In short, the dangerous drugs were purchased by the defendant for her to sell to others.

14.  The third step is to decide where within the relevant guideline band the defendant should come.  In my assessment, the defendant’s role was that of a seller of dangerous drugs.  Given her role as the actual trafficker and in view of the circumstances of the present case, I will enhance the starting point of 8 years and 9 months by 6 months, taking it to 9 years and 3 months’ imprisonment.

15.  The fourth step is to deal with aggravating factors, if any.  As none of her previous convictions were related to dangerous drugs, I shall disregard them.

16.  The fifth step is to take into account the mitigating factors, if any.  As accepted by Mr. Kwan, given the seriousness of the trafficking offence, the only mitigating factor in the defendant’s case is her guilty plea which was entered at the earliest opportunity.  Because of that, she is entitled to a full one-third discount.  That brings the sentence down from 9 years and 3 months’ imprisonment to 6 years and 2 months’ imprisonment. 

17.  Lastly, I consider this sentence fair, just and balanced in all the circumstances of the offence and the defendant.  Accordingly, the defendant is sentenced to imprisonment for 6 years and 2 months.

Exhibits

18.  Order in terms of the Prosecution’s application, not objected to by the Defence, was granted.