HKSAR v. LAI CHI MING

HCCC 189/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 189 OF 2015

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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 to one count of trafficking in a dangerous drug, in total, 994.34 grammes of a crystalline solid containing 931.34 grammes of methamphetamine hydrochloride, which is usually identified as 'Ice'. The estimated street value of the 'Ice' amounts to over HK$420,000.

Around 1.30 pm on 5 August 2014, the defendant was returning to Hong Kong from the mainland via Lo Wu Control Point and was intercepted by Customs officers. Upon search on the defendant, Customs officers found one non-woven bag wrapped around the defendant’s abdomen, and inside the bag there is a plastic bag sealed with adhesive tape wrapping another Zip-lock bag. Inside the Zip-lock bag, the dangerous drugs were found. Besides, inside a pouch of the defendant’s waist wrap, another Zip-lock bag was found containing another pack of drugs.

Under caution, the defendant said the drugs found were 'Ice' and he was carrying it to Mongkok Sports Ground for someone for a reward of HK$7,000.

The defendant is 60 years old. He is married with a son of 18 years old. He has six previous criminal convictions, all related to gambling. He is living with his family in a village house in Sheung Shui and the defendant was dependent on Comprehensive Social Security assistance.

In mitigation, Mr Chan, counsel appearing on behalf of the defendant, said the defendant was a decorative worker but, in 2009, he was suffering from cancer and ceased to work. At the material time, his son was admitted to the Hong Kong College of Technology and needed $5,000 before they can obtain the government loan. He was persuaded by his friend to traffic drugs to make quick money. He is now very remorseful and asks for a lenient sentence.

Trafficking in dangerous drugs is an extremely serious offence. Persons committing this offence will inevitably be faced with an imprisonment sentence. The term of imprisonment imposed mainly depends on the quantity of dangerous drugs involved.

In HKSAR v Tam Yi Chun, CACC 524/2011, the Court of Appeal revised the sentencing tariff for trafficking in 'Ice'. For trafficking in a large quantity of 'Ice', the tariff laid down in Hong Kong SAR v Abdallah [2009] 2 HKLRD 437 is adopted. If the trafficking quantity is in the range of 600 grammes to 1,200 grammes, the sentence would range from 20 to 23 years’ imprisonment. In this case, the quantity of 'Ice' is just over 900 grammes and a starting point of 21½ years is appropriate.

The defendant was carrying the drugs into Hong Kong and according to Hong Kong SAR v Chung Ping Kwan, the sentence should be enhanced. In my view, the appropriate enhancement in this case should be 1 year’s imprisonment.

The heavy sentence imposed for this kind of offence is for deterrent purpose. Financial reasons cannot be a valid mitigating factor. The defendant’s health and age, unless in extreme cases, will not attract the court’s sympathy. The only mitigating factor in this case is thus the guilty plea of the defendant.

The defendant has pleaded guilty at the earliest opportunity and a full one-third discount on sentence should be given to him.

The defendant’s sentence is reduced to 15 years’ imprisonment.