HKSAR v. WU CHUN MING MANDEL

HCCC 265/2025

[2026] HKCFI 46

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 265 OF 2025

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: The defendant pleaded guilty to one count of trafficking in dangerous drugs before a magistrate and is now committed for sentence.

On 28 January 2023, at 1.10 in the afternoon, the defendant was seen opening the roller shutter of a shop targeted by the police at No. 60 Heung Wo Street, Tsuen Wan. At 1.14 in the afternoon, the police entered the shop and found the defendant sitting at the cashier counter. A remote control was found in the pocket of the defendant which can be used to control the roller shutter of the shop.

Upon search of a room inside the shop, 122 tinfoil green tea leaves bags were found, each containing one or two layers of plastic bags or boxes with solid inside. It was later confirmed that the green leaves bags contained a total of 120.397 kilogrammes of a solid containing 119.055 kilogrammes of ‘Ice’.

The estimated street value of the drugs is HK$75,850,110.

Under caution, the defendant said his boss told him to look after the dangerous drugs and to sell them to customers.

The defendant is now 45 years old. At the time of the offence, he was 42. He is divorced and has three adult children. He received education up to Form 3 level.

The defendant has 14 previous convictions of which 10 are drug related. He was convicted of trafficking in dangerous drugs in 2004, 2008 and 2016. In 2016, he was sentenced to 7 years’ imprisonment.

In deciding the appropriate sentence for trafficking in ‘Ice’, this court should follow the six-step approach set out in the judgment of the Court of Appeal in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 and the guidelines under HKSAR v Huang Ruifang [2025] 2 HKLRD 138.

The quantity of ‘Ice’ involved in this case is 119.055 kilogrammes, which is huge. Under Huang Ruifang, for trafficking over 30 kilogrammes of ‘Ice’, the appropriate starting point should be over 30 years’ imprisonment.

Bearing in mind, as submitted by Mr Wong, counsel for the defendant, the practical and realistic ceiling of the starting point of 35 years’ imprisonment as established in HKSAR v Sum Ka Wa [2024] 4 HKLRD 777.

In the present case, I am minded to accept that the role of the defendant can be regarded as a mere storekeeper. Although the defendant has three previous records of trafficking in dangerous drugs, in view of the high starting point that is inevitably to be adopted in view of the large quantity of drugs involved in this case, I am not minded to further enhance the sentence due to the defendant’s previous record. There is, however, no other valid mitigating factor apart from the defendant’s guilty plea.

In the circumstances, I adopt a starting point of 33 years’ imprisonment. The sentence is reduced to 22 years, giving full discount for the defendant’s guilty plea.