KSAR v. WU CHI WING

HCCC 439/2024

[2025] HKCFI 3384

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 439 OF 2024

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

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COURT: The defendant pleads guilty to one count of attempting to traffic in dangerous drugs. On 4 November 2022 in Yuen Long, customs officers inspected a consignment of goods arrived from Peru.

The customs officers found that the consignment consisted of 68 carton boxes. Further examination revealed that the carton boxes contained numerous packets with solids in them. There were altogether 240 packets containing 240.068 kilogrammes of a solid containing 9,789.08 grammes of cocaine.

A controlled delivery operation was conducted on 7 November 2022. The 240 packets of cocaine were replaced by salt of similar weight. The packets were transferred by truck to Tai Ping Industrial Centre in Tai Po and a Mr Tang appeared and instructed a delivery worker to place the packets outside a unit on 15th floor.

At about 11 o’clock in the morning, the defendant arrived at 15th floor saying that he came to collect the goods from Mr Tang. The defendant then used a key to open a door of a unit and asked the delivery worker who was posted by a customs officer to move the packets into the unit. The defendant was then arrested.

Message records in the defendant’s mobile phone showed that the defendant was instructed by one, “Kai Gor”, to receive some goods and store them in a unit in an industrial building for a reward of $5,000. The Kai Gor had also instructed the defendant to pick up a mobile phone for communication and a key for opening the door of the unit in the industrial building.

The estimated street value of the cocaine seized was around HK$200,191,583.60.

The defendant is 27 years old. At the time of the offence he was 24. He has a clear record. He received education up to Secondary 6 level in Hong Kong. He worked as a manager of a hotel earning around $30,000 per month before he was arrested.

In considering the appropriate sentence for trafficking in cocaine, I made reference to the judgments of the Court of Appeal in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 and HKSAR v Huang Ruifang (No.3) [2025] 2 HKLRD 138.

The quantity of cocaine involved in this case is huge, amounting to 9,789.08 grammes. Under Huang Ruifang, the starting point for trafficking in cocaine for 5,000 to 15,000 grammes should be in the range of 24 to 27 years’ imprisonment.

In mitigation, Miss Ling, counsel for the defendant submitted that the defendant committed the offence out of foolishness and he is now very remorseful. The defendant wrote a letter to the court saying that he is very remorseful and he realised he had harmed society and others by committing the offence.

He asked for leniency from the court so that he can turn a new leaf to his life. The defendant’s family and relatives, his colleagues, friends, school principal and chaplain also wrote letters to ask for the court’s leniency.

The quantity involved in the present case is huge, although offence is attempted trafficking in dangerous drugs, there is no difference in substance from trafficking in dangerous drugs. However, I accept Miss Ling’s submissions that in the evidence, the role of the defendant is equivalent to a courier and the fact that the consignment was from overseas should not be an aggravating factor in this case.

In consideration of the quantity of drugs involved and the role of the defendant in this case, I would adopt a starting point of 25 years and 3 months’ imprisonment. There is no valid mitigating factor apart from the defendant’s guilty plea.

Taking into account the defendant’s guilty plea, the sentence is therefore reduced to 16 years and 10 months’ imprisonment.