HKSAR v. CHU SHUN HANG

HCCC 238/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 238 OF 2015

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

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COURT:

There are two related cases before this court, one is HCCC 100/2014, the other is HCCC 238/2015. The defendant in HCCC 100 is Tsang Sin-yi, she was charged with one count of trafficking in dangerous drugs. The particulars stated that on 8 August 2013, at Flat A, 13th Floor, Kwok Hong Building, 94-98 Lai Chi Kok Road, she had unlawfully trafficked in dangerous drugs. The principal amount was about 150 grammes of ‘Ice’ and there were also smaller amounts of cocaine and ketamine.

To this charge, Tsang Sin-yi pleaded guilty. She also admitted the summary of facts. What had transpired was that the police on the material day had stopped Tsang Sin yi outside the flat named in the charge. She was then taken inside and then a search was conducted on her person and the flat. Inside the backpack carried by Tsang Sin-yi, five packets of ‘Ice’ was found. The police also found many other packets of ‘Ice’ and cocaine and tablets of ‘Ice’ and ketamine inside the flat. There were also an electronic scale and empty plastic bags found and seized from the flat.

In a subsequent video interview, Tsang Sin-yi told the police that she was working for her boss “Ah Shui” to deliver drugs. Obviously, at that stage, Tsang was not prepared to disclose the extent of her involvement and the role played by Ah Shui, but Tsang Sin-yi later, undoubtedly, after consideration and legal advice, had decided to give witness statements and asked to be a prosecution witness.

Police then undertook investigation which led to the arrest, charge and prosecution of the defendant, Chu Shun-hang (that is Ah Shui) in the case of HCCC 238/2015. In that case, Chu Shun-hang was charged with one count of conspiracy in trafficking of drugs. The particulars stated that he and Tsang Sin-yi had conspired to traffic in dangerous drugs, namely, ‘Ice’, cocaine and ketamine between 1 December 2012 and 8 August 2013.

To this charge, Chu Shun-hang pleaded not guilty and the case proceeded to trial. In that trial, Tsang Sin-yi was called to testify against the defendant. The defendant had also elected to give evidence telling the jury that he had nothing to do with any trafficking of drugs with Tsang in connection with any premises. He said he was just a drug user.

The jury returned a verdict of guilty on the charge. The sentencing was first scheduled on 18 July, but it had to be postponed to today due to Chu’s hospitalisation on that morning.

(Proceedings relates to HCCC100/2014 not required)

Regarding the case of Chu Shun-hang, the situation is somewhat different. First, the charge is conspiracy to traffic in dangerous drugs for a period of time. Evidence disclosed that actual trafficking activities had been carried out under the defendant’s direction. According to the exhibits seized, the flat would appear to be a sizable operation of drug-trafficking activities run by the defendant. Tsang had also testified that she had carried out at least 25 to 30 (or even more) times of drug delivery when she worked for Chu.

I consider that Chu was the main operator in providing drugs to and directing Tsang in the delivery of drugs.

I have, of course, considered the matters raised by Mr Laskey in his written submissions for mitigation. I accept that Tsang was a willing party to the conspiracy and there was no element of exploitation of Tsang. Despite the relative young age of Tsang, she knew what she was doing by working for Chu. However, I am unable to accept that the starting point for Chu should be the same as Tsang in view of his role and the possible number of deliveries carried out, even if the individual amount of drugs was not known.

Having considered the circumstances, I have decided that the starting point should be 15 years for Chu.

Chu Shun-hang had shown no remorse and I do not think there is any mitigating factor that could come to his assistance. Therefore, the sentence of Chu, in the case of HCCC 238/2015 would be 15 years.