COURT: On 23 December 2011, the defendant was intercepted by Customs officers as he was attempting to re-enter Hong Kong through the green channel at the Customs Arrival Hall of Lok Ma Chau. Upon search, two resealable plastic bags containing a total of 197.73 grammes of a crystalline solid containing 192.66 grammes of methamphetamine hydrochloride were found in his underpants. The defendant immediately acknowledged that the drugs were "Ice".
The case originally came before Deputy Judge McMahon on 27 August this year. On that day, the Summary of Facts was agreed but no plea was taken. I am told that the reason for that was that the defendant had indicated he wished to give information to the authorities.
Ms Chan, for the prosecution, informs me this morning that although the defendant has given certain information, it has not led to any positive result. Nevertheless, Mr Lam, for the defendant, submits that such information has been sincerely given, even though it has not led to an arrest. Ms Chan is prepared to accept that he has been co-operative even though the information has not ultimately proved of any use.
The defendant has now pleaded guilty before me to trafficking in the dangerous drugs which were found on him.
The operative quantity for sentencing purposes is 192.66 grammes of methamphetamine hydrochloride which quantity falls midway between the 70 to 300 gramme bracket for which a sentence of 10 to 14 years’ imprisonment is suggested in the case of The Queen v Ching Kwok Hung [1991] Vol 2, HKLR at 125. Such a quantity would suggest a starting point of 12 years’ imprisonment.
However, there are two factors which I cannot overlook and which I am bound to consider in aggravation of the sentence that I pass. The first is that a substantial quantity of drugs was brought across the border from the mainland into Hong Kong. Having sat this year on a number of such cases, I am alarmed at the growing traffic in drugs from the mainland into Hong Kong.
Drug traffickers must realise that while the sentences for trafficking in dangerous drugs are high in this Territory, they will be even higher if they are caught bringing or taking them, either way, across the border. The reasons are obvious. We have a duty to other places to try and stop drugs going from Hong Kong into their jurisdictions and we have a duty to stop drugs reaching our streets from other territories, countries or jurisdictions.
The other matter which concerns me is that the defendant in this case has already served a sentence of 6 years’ imprisonment imposed by the High Court in 2001 for trafficking in dangerous drugs. Although the defendant must not be sentenced again for something that he has already served, that sentence did not appear to deter him from returning to trafficking in dangerous drugs.
For these reasons, the starting point for the quantity concerned, which I alluded to earlier, will be enhanced by 1 year, making an overall starting point of 13 years’ imprisonment. Bearing in mind his early plea and acknowledging that the defendant has done his best and shown sincerity in the co-operation he has given to the authorities, I will reduce the sentence to 8½ years’ imprisonment.
The defendant will accordingly serve a prison sentence of 8½ years.