HKSAR v. CHEN PING FENG

HCCC252/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 252 OF 2009

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

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COURT:     I have to sentence you after trial for trafficking in dangerous drugs. The drug was ice and you were involved in the importation into Hong Kong of some 265.4 grammes of it. You recruited three men to be couriers. You supplied the drugs. You organised their hotel and their travelling expenses and their tickets. You accompanied them upon the drug run, taking care to carry no drugs yourself.

      You will know that sentences for drug-trafficking in Hong Kong are based upon guidelines which are based upon the weight and nature of the drug. You fall into the guideline for ice of 70 to 300 grammes attracting a starting point of imprisonment after trial for 10 to 14 years. By weight alone you would attract a starting point of some 13½ years. I told your counsel, in the absence of the jury, at the commencement of this trial that if you made sensible admissions then I would give you some credit for that. In looking for the initial starting point, I do. I will reduce that 13½ to 13 years. That deals with the available mitigation.

      There are two matters of aggravation. The first is your role as the man organising and running this drug enterprise. These courts habitually deal with those who get caught which in most cases are just the couriers. Your involvement is more serious and greater than that of a courier.

      The second aggravation is that this was an international drug enterprise. You were taking these drugs from Zhuhai through Hong Kong to Japan. Both of those matters will make me increase the 13 year starting point to an end sentence of 14½ years’ imprisonment. That is the sentence I pass upon you.