HKSAR v. LIAN YANTING

HCCC292/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 292 OF 2009

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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 trafficking in a dangerous drug, involving 77.1 grammes of methamphetamine hydrochloride, commonly known as “Ice”.

     At about 1.42 am on 15 May 2009, the defendant was intercepted by a police officer in the vicinity of Shanghai Street, near Argyle Street.  The officer searched her handbag.  There was a yellow cosmetic bag containing four resealable plastic bags with “Ice” therein.  She admitted under caution that the “Ice” was brought back from the Mainland.  She intended to sell it to earn money to support her son.  The total weight of “Ice” was 77.1 grammes.

     Later the same night, police searched her home at Room A, 2nd Floor, No. 300 Portland Street.  A black electronic scale and some resealable plastic bags were found.

     During the subsequent video interview, the defendant admitted that she bought the “Ice” in the Mainland for 25,500 renminbi.  She took it to Hong Kong on 5 May 2009.  She consumed some of it and intended to sell the remainder.  She used the electronic scale at home to weigh the “Ice”.  She had not sold any “Ice” before her arrest.

     The defendant is 43.  She has a clear record in Hong Kong.  At the time of the offence, she was a Two-Way Permit holder which permitted her to stay in Hong Kong for three months.  She had studied up to Form 3.  She was a waitress but was laid off three years ago.  She claimed to be a drug addict.  The defendant has a son from her first marriage.  Her son is a dancer with unstable income.  The defendant divorced in the Mainland in year 2006 and married a Hong Kong permanent resident in year 2007.  At the time of the offence, she came to Hong Kong to join her husband.

     The defendant admitted purchasing the “Ice” from the Mainland to take it back to Hong Kong for sale.  This is an aggravating factor for a higher starting point.  She claimed that the money was a loan from a friend.  She intended to sell the “Ice” to earn money for her son.  In my view, the defendant’s motive for committing this offence was most selfish and despicable.  She deserves no pity from this court.

     I have considered the letter submitted by her son.  While the defendant might be under great financial pressure, this is never a valid mitigating factor to commit such a serious crime.

     I am grateful to counsel for the prosecution in drawing my attention to Ching Kwok Hung and Abdallah.  For the weight of “Ice” in this case, the sentence should be 10 to 14 years’ imprisonment.  I take into account the quantity of “Ice” and her personal circumstances.  I adopt 10 years and 2 months as the starting point.  I add another 7 months for her bringing the “Ice” from the Mainland to Hong Kong for sale.  I grant one-third discount for her plea. 

     I order the defendant to serve a term of 7 years and 2 months’ imprisonment.