HKSAR v. WONG HO TUNG

HCCC 156/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 156 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs. That involves 1.98 kilograms of solid containing 0.75 kilograms of cocaine. You admitted the Brief Facts, and I convicted you.

What happened is as follows. At approximately 1245 hours on 11 November of 2013, police intercepted a PLB at the Sha Tau Kok Closed Area Checkpoint just outside the Sha Tau Kok Police Operational Base, Shun Hing Road.

You were spoken to and then searched. The dangerous drugs the subject of the charge were found in a purple paper bag, the dangerous drugs themselves being in four plastic bags equally divided between two plastic bags.

You and the friend that you were with were both arrested. Under caution at the scene, you said, “Ah Sir, since I had no money, ‘Ah Lun’ and I towed the coke to Sha Tau Kok for ‘Ah Keung’. Afterwards, ‘Ah Keung’ would give me $5,000.”

In a later video-recorded interview under caution, you said, amongst other things, that you lived in Sha Tau Kok. A week earlier you had become acquainted with a man called “Ah Keung”. In the early hours of 11 November 2013, when you were in the mainland with your friend, “Ah Keung” called you and told you to pick up a bag of coke from a car parked in Fanling and deliver it to Sha Tau Kok. There you should await further instructions. “Ah Keung” promised you $5,000 for its delivery.

You had gone to the car park with your friend and picked up the purple paper bag. Both of you then got the PLB back to Sha Tau Kok, where you were intercepted by the police.

You said your friend was unaware the purple bag contained dangerous drugs.

The estimated street value of the cocaine is some $2,811,600.

A search of your home revealed nothing suspicious.

You admit one previous conviction for possession of dangerous drugs in 2010. You were placed on probation.

Miss Tsang indicates that you accept the antecedents statement. That tells me that you are 22 years old, educated to Form 3, and single. At the time of the commission of the offence, you were unemployed, previously having worked as an apprentice cook. You appear to be in good health, but have previously had problems with ketamine. You reside in Sha Tau Kok Village with your mother and two brothers. You have no triad affiliations.

On your behalf, Miss Tsang then amplified the mitigation. She pointed out the fact that you are young, that your parents are divorced, and produced a letter from your previous employer which speaks very well of you. I am told that you left that job after some considerable time because you found travelling to Sheung Wan quite difficult. Since becoming unemployed you were living on your savings, which were dwindling, and the offer of $5,000 tempted you. She indicated that your mother and uncle are present in court today.

The amount of cocaine being 750 grammes attracts a tariff of between 20 to 23 years’ imprisonment starting point. It is to your credit that you exonerated your friend from any blame in this matter. Even though this is not the first available opportunity, I will give you the full one‑third discount.

I therefore take a starting point of 20 years and 9 months’ imprisonment. Given your full discount, you will go to prison for 13 years and 10 months.