HKSAR v. LEE TUNG HOI

HCCC 3/2018

[2018] HKCFI 1440

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 3 OF 2018

-----------------

------------------

----------------------------------------------

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

----------------------------------------------

COURT:

The defendant, Lee Tung-hoi, was charged with one count of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The defendant pleaded guilty before a magistrate and was committed to the court of first instance of the High Court for sentence.

The Admitted Facts disclose that on the day in question the police saw the defendant sitting on the driver’s seat of the taxi which stopped at a street in Tai Wai. The defendant kept looking around and appeared to be nervous. The police approached the defendant for investigation and when asked what he was doing there the defendant pressed his left pants’ pocket. When asked what was inside the defendant did not reply.

The police asked the defendant to pull the handbrake and to alight. The defendant did not comply, but tried to drive away. Eventually the defendant was apprehended.

From the defendant’s left pants’ pocket the police found two plastic bags containing a total of 48.1 grammes of a solid containing 40.8 grammes of cocaine and from the right side pocket of his pants the police found one plastic bag containing 23.9 grammes of a solid containing 19.8 grammes of cocaine.

The defendant was arrested and under caution he said he trafficked the coke for others because he owed others money. He asked for a chance.

During a video recorded interview the defendant gave details of how another driver recruited him to deliver coke, meaning cocaine, for a remuneration of $400.

The market retail value of the cocaine in this case was around $69,480.

The defendant is 50 years of age. He was born in Hong Kong. He is separated from his wife with whom he has two children, aged 18 and 13. The defendant has appeared in court four times with five criminal convictions. In 2009 the defendant was convicted of trafficking in a dangerous drug and was sentenced to 2 years, 4 months’ imprisonment. The defendant claimed to have studied up to Form 2 and was working as a taxi driver prior to his arrest, earning $10,000 per month.

In mitigation Mr Tony Li, counsel for the defendant, submitted that the best mitigation he could advance for the defendant is the defendant’s plea of guilty at the earliest available opportunity. The defendant is remorseful and wants to start a new life as soon as possible.

Mr Li refers to the authority of Lau Tak Ming [1990] 2 HKLR 370 and submitted that the quantity involved would attract a starting point of around 8 years and 3 months, adding that the sentence, of course, is in the discretion of this court.

For the offence of trafficking in a dangerous drug a person convicted upon indictment is liable to life imprisonment and a fine of $5 million.

The cocaine involved here was 60.6 grammes. According to the guidelines in Lau Tak Ming, trafficking between 50 to 200 grammes of cocaine, the starting point is one between 8 to 12 years.

Having considered the circumstances of the present offence and the quantity involved, I am of the view that a proper starting point is one of 8 years and 3 months.

The defendant has one previous conviction of trafficking in a dangerous drug in 2009, almost 10 years ago. I will not enhance the starting point because of his record.

The defendant pleaded guilty at the committal stage and is entitled to a full one-third discount.

With the one-third discount the sentence for trafficking in a dangerous drug is 5 years and 6 months’ imprisonment.

The actual sentence for the offence of trafficking in a dangerous drug the defendant is sentenced to 5 years and 6 months’ imprisonment.