The defendant pleaded guilty to one count of trafficking in a dangerous drug involving 380 grammes of heroin. On 6 June 2013 the defendant arrived at the Hong Kong International Airport from Addis Ababa. A Customs Officer searched his luggage and found nothing suspicious. He was suspected to have concealed some dangerous drug in his body and was taken to Queen Elizabeth Hospital for further examination.
In the following few days, the defendant excreted 56 packets of heroin. He admitted under caution that a man, Omary, asked him to swallow the pellets in order to take them to Guangzhou for a reward of US$5,000. According to the Customs and Excise Department, the market price of the heroin was about $570,000.
The defendant is 29 years old from Tanzania. He has a clear record in Hong Kong. He received education up to Diploma level. He is married, with two children of age 7 and 5. He claims to be a business man earning about US$100 per month. He is not an addict. In his letter to this court he apologised for committing the offence. He committed the offence because of financial difficulties at home.
The sentencing tariff in HKSAR v Lau Tak Ming ([1990] 2 HKLR 370) is applicable. For the 380 grammes of heroin in this case, the sentence should be 14 years and 8 months’ imprisonment. The starting point should be enhanced for bringing dangerous drug into Hong Kong.
Having considered the amount of heroin hydrochloride, his background and the mitigation, I add 9 months to reflect the international element. The final starting point is 15 years and 5 months’ imprisonment.
I deduct 5 years and 1 month for his plea. Although the defendant is a foreigner imprisoned in Hong Kong, the sentence is not of such of length to justify further reduction. There is no other reason for further deduction.
I sentence the defendant to 10 years and 4 months’ imprisonment.