HKSAR v. CHEUNG KIM SHING

HCCC 436/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 436 OF 2016

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

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COURT:

Defendant, you have been found guilty of the offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. The jury have found that you, together with Madam Lee Wai-kwan, unlawfully trafficked in 1,456 grammes of a crystalline solid containing 1,450 grammes of methamphetamine hydrochloride, commonly known as “Ice”.

On 3 August 2014, you and Madam Lee went to China together at about 2055 hours and returned to Hong Kong about two-and-a-half hours later at 2323 hours. When Madam Lee was stopped at the Lo Wu Terminal, she was found to have the drugs, the amount stated in the charge, strapped or wrapped around her body. Found on the sticky side of the adhesive tape which wrapped the cling film and the drugs around her body were your two fingerprints. It is clear from the verdict of the jury that they have found that you had, together with Madam Lee, imported these drugs wrapped on her body into Hong Kong.

You are 59 years of age. You have seven previous criminal convictions; four of those are related to dangerous drugs. Of those four, two are for possession of dangerous drugs. Your last conviction was in February 2015 for which you were sentenced to 7 months’ imprisonment for the offence of possession of dangerous drugs.

In January to June 2014, you were working in Chinese mah-jong rooms in the areas of Mongkok and Prince Edward. Your monthly income at that time was around $10,000 to $20,000 depending on the commission drawn from the mah-jong games. Mr Bernard Yuen, your defence counsel, offers nothing to put forward in respect of mitigation. In any event, for offences as serious as trafficking in dangerous drugs there is very little, if not any, mitigation a person in your circumstances can put forward.

The Court of Appeal have laid down guidelines for sentencing in trafficking in dangerous drugs. For the drug type of “Ice”, the trafficking guideline is laid down in Tam Yi Chun. However, in Tam Yi Chun, the Court of Appeal stated that for amounts of 600 grammes and over, the same tariffs as are prescribed in Abdallah for those quantities of heroin should be followed. In Abdallah, the guideline starting point after trial, subject to enhancement, for between 1,200 grammes and 4,000 grammes is a term of imprisonment of 23 to 26 years’ imprisonment. The estimated value of these drugs as at the date of the seizure was $620,256.

From the evidence as adduced by the prosecution you had recruited or engaged Madam Lee to assist you to bring these drugs into Hong Kong. You had used her as a mule or a courier to carry these drugs, which in her evidence, was very heavy, to Hong Kong, strapped to her body. You, as the trafficker, were shown on the evidence to be a more senior player than her in that you recruited her to carry and be the mule for you to bring the drugs into Hong Kong. In the meantime, you just accompanied her, keeping your distance from her when she came to Hong Kong.

However, Madam Lee, after being arrested, then informed the authorities that you were in fact involved in this offence. Despite Madam Lee trying to return the drugs to you very shortly after she was arrested in a controlled delivery, together and under the supervision of Customs, that was unsuccessful.

Nevertheless, as I mentioned, I consider you to be the senior player and you were to reward her with approximately $10,000 if she were to bring these drugs back into Hong Kong. This is, I consider, an aggravating factor calling for an enhancement of the starting point.

Another aggravating factor is the fact that you brought these drugs into Hong Kong from China. This, again, calls for an enhancement of the starting point. These factors calling for an enhancement are in fact laid down in the case of Abdallah.

Defendant, as you have been convicted after trial of trafficking in 1,450 grammes of “Ice”, the appropriate starting point is one of 23 years and 3 months’ imprisonment. For the aggravating factor of bringing these drugs into Hong Kong from mainland China, that is the international element as it is commonly referred to, I enhance that starting point by 2 years’ imprisonment, which makes a sentencing point of 25 years 3 months’ imprisonment. For your role as a senior player or recruiter of Madam Lee, I further enhance that sentencing point by 3 months’ imprisonment. You are therefore to be sentenced to a term of 25 years and 6 months’ imprisonment.