HKSAR v. TSE HO KAN

HCCC 312/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 312 OF 2016

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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 977 grammes of ‘Ice’ in June 2016, at the Eastern Magistrates Court. He was committed to this court for sentence.

On 10 December 2015, at about 12 am, customs officers intercepted the defendant at the Arrival Hall of Lo Wu Control Point. During body search, one transparent plastic bag of ‘Ice’ was found inside a girdle worn by the defendant at his waist. The defendant remained silent under caution. He however indicated that he did not know the nature of the substance in the plastic bag.

The street value of the ‘Ice’ found in this case was about $300,000.

The defendant is 31. He received education up to Form 1. He has a 12-year-old daughter from his previous girlfriend. He got married in 2012, giving birth to another daughter. He was a cleaner, construction worker, warehouse assistant. He last worked in a logistic company earning about $20,000 per month. He was an addict at the time of the offence. He has 11 previous convictions including trafficking in a dangerous drug and possession of a dangerous drug in 2009. He was sentenced to 4 years’ imprisonment for trafficking in a dangerous drug.

The defendant had reported a case of indecent assault to the police in 2015, leading to the conviction of the suspect. He had also registered as an organ donor in September 2016.

In his letter to this court, the defendant pleaded for leniency. He was in need of money to support his wife and a 3-year-old daughter then. He foolishly resorted to trafficking in a dangerous drug for a reward of $5,000. Given his similar conviction in 2009, I have no pity for the defendant.

The defendant has given five non-prejudicial statements to the Customs and Excise Department but they produced no positive result whatsoever. He submitted another letter today, purportedly written by his girlfriend in March 2016. I discern nothing positive which can assist the defendant in his mitigation.

The defendant asked this court to consider HKSAR v Tang Ho Keung, CACC 145/2015, in which the defendant was given 50 per cent discount for giving useful information and giving evidence in court against another person, albeit the latter was acquitted. In my view, the position of the defendant is incomparable with the defendant in that case. While his assistance is fruitless at this stage, the defendant indicated that he would continue his effort to dig out information from his mobile phones. I do not think this warrants any reduction at present. In case there is useful information in future, the defendant may consider lodging an appeal out of time.

For the count of trafficking in 977 grammes of ‘Ice’, according to Tam Yi Chun, CACC 524/2011, the starting point is 21 years and 11 months’ imprisonment. Given the aggravating factor of bringing drugs to Hong Kong, I enhance the starting point by 1½ years. As a result, the starting point is 23 years and 5 months’ imprisonment.

I give him a discount of 7 years and 10 months for his plea.

I sentence the defendant to 15 years and 7 months’ imprisonment.