HKSAR v. CHAU CHUN-HIN

HCCC 232/2019

[2019] HKCFI 3022

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 232 OF 2019

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

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COURT:

On 2 July 2019, the defendant, who is now aged 22, pleaded guilty at the Eastern Magistrates’ Court to two charges of trafficking in dangerous drugs. He has confirmed those pleas and the Summary of Facts outlining the offences in court today. In fact the offences were admitted by the defendant immediately after his arrest on 10 July last year, 2018.

It is quite staggering that for a simple case, albeit a very serious one like this, it has taken almost 17 months to reach this court for sentencing. It is not just this case but other cases as well which are taking far too long to come to court.

There are two charges in this case because drugs were, first of all, found on the defendant himself and then after his arrest - initial arrest, that is - this was followed by the finding of further drugs at his residence, those of Charge 2.

Now, the 1st charge relates to powder in 88 resealable plastic bags which contained 7.94 grammes of ketamine and a solid containing 11.92 grammes of cocaine which was packaged in 61 resealable plastic bags. The defendant was also carrying $33,300 which will be forfeited. In the case of both amounts of drugs, the defendant signed the officer’s notebook, indicating that he admitted those offences.

As to the search of the premises where the defendant was living, the police found in a compartment of a chair in the bedroom, powder which contained 384 grammes of ketamine that was found together with an electronic scale and four piles of empty resealable bags in various sizes. When the wardrobe was searched, police found a further quantity of powder containing 1.04 kilogrammes of ketamine.

The estimated value of all these drugs was just under $900,000 and it is quite apparent, despite the fact that the defendant has no previous convictions, that he had now become involved in major crime.

The calculation of the proper sentence in a normal case has provided a certain amount of difficulty to counsel on both sides. I was originally given an estimate that it should be 15 years and 10 months which has now come down to 15 years and 8 months. I am taking, in this case, into account the fact that the defendant is still young.

The letter from his parents appears to indicate that he is, at home, a very normal young man. They must be as shocked as can be at discovering what their son was up to. These sorts of drugs ruin families just as he has ruined his own family and that is without taking drugs himself. And of course in mitigation as well, it is a fact that the defendant has pleaded guilty to the charges here.

I accept that after trial the defendant should have been sentenced to 15 years and 8 months’ imprisonment under the various guidelines which have been issued by the Court of Appeal. So far as the 1st charge is concerned, that one of cocaine, the result of this case will not be affected by that.

Yes. Would you stand, please? So far as the 1st charge is concerned, the cocaine and ketamine, the sentence for that will be a sentence of 5 years’ imprisonment reduced to 3 years and 4 months, having regard to your plea of guilty. And the sentence on the 2nd charge will be a sentence of 10 years which is reduced from 15 years, not 15 years 8 months.

The two sentences are to run concurrently which means that your total sentence is one of 10 years’ imprisonment, and I think you will realize that you are very lucky to have been given that. I have done so on the basis of the mitigation which has reduced your sentence by 8 months on the sentence you would have received after trial. In any event, today your total sentence is one of 10 years.