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HCCC 332/2024
[2025] HKCFI 2890
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 332 OF 2024
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| Date: |
20 June 2025 at 11.36 am |
| Present: |
Ms Kwan Janice, SPP of the Department of Justice, for HKSAR |
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Ms So Pui-man Maria, instructed by Raymond T M Lau & Co, assigned by DLA, for the accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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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 in the Magistrates’ Court on 14 October 2024 to a single charge of trafficking in a dangerous drug. The particulars of the offence avers that on 11 June 2023, near Exit A, Wong Chuk Hang MTR station, Heung Yip Road, in Wong Chuk Hang, unlawfully trafficked 26.8 grammes of a crystalline solid containing 26.8 grammes of methamphetamine hydrochloride.
The facts of the case are as follows.
On that day at 4.50 pm, the police officers were patrolling inside Wong Chuk Hang MTR station. At around 5.05 pm, you were spotted as acting furtively at the gate near Exit A of the station. As a result, you were intercepted. Body search was then conducted and it was found that you were in fact wearing two pairs of trousers and one pair of underpants. Besides, a hard object was found on the inner thigh near the hips of you. You attempted to escape at this juncture but was eventually subdued. Finally, the police officer found two transparent plastic bags containing suspected ‘Ice’ between your underpants and hips. You were then arrested for trafficking in dangerous drug by the police.
Under caution, you admitted that the two packs were for your self-consumption. In a subsequent video-recorded interview under caution, however, you refused to explain further on the drug found on your person. You only said you were a casual construction worker and you had no savings and you were bankrupt.
The government chemist confirmed later that the suspected dangerous drug found on your person were indeed ‘Ice’ with a total quantity of 26.8 grammes.
The estimated market price of ‘Ice’ involved was HK$13,373.
Now you are 37 years old now. You have received up to Form 3 education. You said you are married and your wife now lives in China. You resided with your mother but you had no contact with your father since your parents’ separation when you were only a few years old.
At the material time, you worked as a steel bender at a construction site. You said you used to earn around HK$20,000 to HK$30,000 a month, but according to your counsel, several months before your arrest, your income dropped and you only earned around HK$6,000 per month. Your counsel Ms So further informs me that you were already declared bankrupt back in 2021 due to your outstanding gambling debts.
Under the influence of undesirable peers to earn quick money, you therefore committed the present offence. In the year of 2008, you had one criminal record for the offence of possession of dangerous drugs for which you have been sent to the rehabilitation centre.
In mitigation, Ms So had submitted to me letters of mitigation written by you and your family members for consideration, asking for leniency. It has been said by the Court of Appeal on many occasions, however, that personal backgrounds and family circumstances virtually play no part towards a discount in serious cases such as trafficking in dangerous drugs. For a serious offence of trafficking, the court has to send a clear message to the society so that it not only deters you but also the others who are minded to trafficking in dangerous drugs.
Dealing with the sentence, according to the revised sentencing guideline as recently laid down by the Court of Appeal in HKSAR v Huang Ruifang [2025] HKCA 234, for 10 to 70 grammes of ‘Ice’, one is looking at 7 to 11 years of imprisonment. Therefore, from a pure mathematical point of view, I think 8 years is probably the right starting point.
In this case, I accept your role as a courier, and therefore the lowest end of culpability. There are no other aggravating factors, so my final starting point is 8 years. The only mitigating factor valid in your case is your timely plea, which entitles you to a one-third discount. Apart from that, as I have said already, I am afraid I cannot give you any further discount.
Giving you a one-third discount for your plea, the 8 years comes down to 64 months, which is, in my judgement, a fair and just and balanced sentence in all the circumstances. So the sentence I pass on you is one of 5 years and 4 months’ imprisonment.
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