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HCCC 239/2025
[2026] HKCFI 1244
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 239 OF 2025
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HKSAR |
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Amengual Sola Antonio |
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| Date: |
10 February 2026 at 11.02 am |
| Present: |
Miss Au Ngo-yan Grace, SPP of the Department of Justice, for HKSAR |
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Mr David Rex Boyton, instructed by Robertsons, assigned by DLA, for the accused |
| Offence: |
Trafficking in a dangerous drugs (販運危險藥物) |
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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 dangerous drugs before a Magistrate and is committed for sentence.
On 20 July 2024, the defendant arrived in Hong Kong on a plane from France and was intercepted by the Customs at the arrival hall at the Hong Kong airport.
On X-ray examination of the defendant’s suitcase, some suspicious images were revealed. Upon search of the suitcase, coloured tablets were found inside one pack of bedsheet and also in the concealed compartment of the suitcase. There were approximately 14,919 tablets found. The tablets were later certified to be a total of 6.561 kilogrammes of tablets containing a total of 2.3697 kilogrammes of MDMA.
The estimated street value of the drugs was HK$1,238,277.
In a subsequent video-recorded interview, the defendant said he met a person named “Danil” on the street two months ago in Amsterdam who paid him money to bring the suitcase to Hong Kong. Danil gave him the suitcase at a bus stop in Amsterdam and the defendant took a bus to Paris from Amsterdam then a flight to Hong Kong. He would wait for someone to call him after he arrived at the hotel in Hong Kong.
The defendant was born in Spain and is now 58 years old. He has a clear record in Hong Kong. According to the defendant, he attained education up to university and majored in Economics.
In mitigation, Mr Boyton, counsel for the defendant, submitted that the defendant was a manager of a bank in Majorca, Spain. He started his own business of renting out beach huts and deck chairs to tourists on the beaches but due to the COVID outbreak, his business failed and incurred heavy debts. He was subsequently offered a job to work as a caretaker in the Netherlands but when he arrived Amsterdam, he was told the job was no longer available. He became homeless and met Danil on the street.
The defendant had married twice and divorced in 1991 and 2022 respectively. He has a son aged 34 and is a psychiatrist.
In considering the appropriate sentence for trafficking in dangerous drugs, I should make reference to the judgment of the Court of Appeal in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 and adopt the six-step approach.
In identifying the relevant guideline for MDMA, I should consider SJ v Hii Siew Cheng [2009] 1 HKLRD 1 and also HKSAR v Chan Ka Yiu and Others [2018] 4 HKC 591.
The quantity of MDMA involved in this case is 2.3697 kilogrammes. Under Chan Ka Yiu, the appropriate starting point should be in the range of 18 to 20 years’ imprisonment.
The defendant was entrusted with a large quantity of drugs transporting from Paris to Hong Kong. His role cannot be described as a mere courier. I will take this into account in deciding the starting point in accordance with the Court of Appeal judgment in HKSAR v Lee Ming Ho [2024] 1 HKLRD 1186.
In consideration of the quantity of drugs involved and the role of the defendant in this case, I would adopt a starting point of 18 years and 6 months’ imprisonment. Taking into account the defendant’s guilty plea, the sentence is reduced to 12 years and 4 months.
The defendant has participated in Father Wotherspoon’s anti‑trafficking campaign, which I will give a token discount of 2 months’ imprisonment. The defendant is therefore sentence to 12 years and 2 months’ imprisonment.
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