HKSAR v. CHEN YAO MING AND ANOTHER

HCCC281/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 281 OF 2009

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

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COURT: I have to sentence both of you on this committal for sentence for trafficking in dangerous drugs.

      You were each carrying drugs from Zhuhai through Hong Kong to Japan. The drug was “Ice”. You, D1, carried 217 grammes of it, and you, D2, carried 47 grammes. You had hidden the “Ice” in your anus.

      You both made admissions. You both pleaded guilty. You get credit for that.

      In addition, in your case, Chen Yao‑ming, you co‑operated at a very early stage with the authorities and indicated you would be a prosecution witness. You gave evidence in the trial of your co‑accused, Chen Ping‑feng. I watched you give evidence, and I took the view you were telling the truth. The jury also did, because the conviction depended entirely upon your testimony.

      You will both know that the usual credit for a plea of guilty is a third. Because of your co-operation, the discount of one-third in your case is extended to 50 per cent.

      I have learnt how you came to be involved from your evidence, and perhaps in addition to the 50 per cent, I will not be hawkish when I look for the starting point.

      You will both know that sentencing for drug trafficking in Hong Kong is based on guidelines which are, in turn, based upon the nature and the weight of the drug.

      In your case, Chen Yao-ming, you fall into the category of 70 to 300 grammes, attracting a starting point after trial of 10 to 14 years. In the circumstances, I judge the right starting point within that bracket is one of 12 years.

      After the 50 per cent discount, it results in a sentence of 6 years’ imprisonment. That is a sentence that is designed to reward your co‑operation. It is designed to be as lenient as it can be, consistent with my public duty.

      As regards you, Mr Hsu, you fall into the category of 10 to 70 grammes, attracting a starting point after trial of 7 to 10 years. I shall take a starting point of 8½ years; and, applying the one-third discount that you have earned, the sentence upon you is one of 5 years and 8 months. That is designed to be a standard sentence for what is, unfortunately, a common offence for someone who had the role that you did, which was of being a courier.

      Accordingly, the sentences are: D1, 6 years; D2, 5 years 8 months.