COURT: The defendant, Zhuang Youbing, was charged with one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134. The defendant pleaded guilty before a magistrate and is committed to the Court of First Instance of the High Court for a sentence.
Admitted Facts
On 22 September 2023, Customs and Excise Officers conducted an anti-narcotics operation in Tsuen Wan and intercepted the defendant who acted suspiciously.
Upon search, the following items were found from the four pockets of the defendant’s blue short jeans: A green and white cigarette box with the Marlboro logo, containing a zip-lock bag with a suspected dangerous drug (“DD-1”) and six sticks of cigarettes; a chain of four keys; two mobile phones; cash of $3,000. DD-1 was later confirmed to be 1.74 grammes of a crystalline solid containing 1.74 grammes of methamphetamine hydrochloride.
The defendant was arrested and cautioned for possession of dangerous drug. Under caution, the defendant said, inter alia, that three of the four keys seized from him were for the access to Flat E, 2nd Floor, Unio House, 79 Ho Pui Street, Tsuen Wan. The remaining key was for the access to his own home. The Customs and Excise Officers then escorted the defendant to this Flat E and gained entry with the keys seized from the defendant.
Upon search, the officers found the following: Suspected dangerous drug (“DD-2”) on a black plastic bag; a batch of drugs packing paraphernalia, including 4 tin foil zip-lock bags with traces of a suspected dangerous drug (“DD-3”); 4 tin foil zip-lock bags; a bundle of zip-lock bags; a large electronic scale; one small electronic scale with batteries; an impulse sealer; an extension unit; an ice scoop; a ladle; a pair of gloves; a pair of scissors; and a cutter.
DD-2 and DD-3 were later confirmed to be 3,880.07 grammes of crystalline solid containing 3,880 grammes of methamphetamine hydrochloride.
The defendant was cautioned for trafficking in a dangerous drug. Under caution, the defendant stated the following. DD-2 and DD-3 were ketamine, which belonged to him. He would seal the dangerous drugs by packing it into the silver zip-lock bags. He would receive monetary reward of $1,000 for packing each bag. He would wait for instructions after packing the dangerous drug. He used the drug-packing paraphernalia seized for packing the dangerous drug. He was the person who rented Flat E.
It was confirmed that the defendant rented Flat E since 20 August 2023. The defendant admitted that on 22 September 2023 at Flat E, he trafficked a dangerous drug, that is, the 3,880 grammes of ‘Ice’.
Background and Mitigation
According to the antecedents statement, the defendant was born in 1996 and is now 29 years of age. He has one previous conviction for assisting in the operation of gambling and was sentenced to 200 hours of community service order.
The defendant said he lived with his father at another address in Tsuen Wan. He is single and was educated up to Secondary 3 level. He worked as a construction site worker and earned $30,000 per month before his arrest.
In mitigation, defence counsel, Mr Freddy Woon, confirmed the contents of the antecedents statement, adding that the defendant had come to Hong Kong from the Mainland when he
was 12. Mr Woon submitted that the defendant’s mother suffered from breast cancer. The family needed to raise renminbi 200,000 for her surgery and related costs.
Both the defendant and his father did not have enough savings and the defendant stupidly tried to earn quick money. The defendant responded to an advertisement and was recruited by someone called “Brother B” to assist in packing and storing dangerous drugs.
Mr Woon submitted the defendant has shown great remorse by pleading guilty at the earliest opportunity. The defendant’s previous record was minor and unrelated to dangerous drugs. The defendant was not the mastermind. His involvement was renting a flat upon instructions from this Brother B to store the dangerous drugs, waiting for further instructions. He also repacked the dangerous drugs to a specific quantity and was promised $1,000 for each act of repacking by this Brother B. Mr Woon submitted that the defendant was not heavily involved.
Referring to the case of Huang Ruifang, the new tariff of trafficking between 1,500 to 5,000 grammes of ‘Ice’ is between 20 to 24 years. Mr Woon calculated arithmetically 3,880 grammes of ‘Ice’ would attract a starting point of 22.72 years, that is 22 years and 8.64 months. Mr Woon asked this Court to consider passing a more lenient sentence on the defendant.
The defendant wrote to this Court expressing his remorse. He said he tried to earn quick money to repay the debt borrowed to treat his mother’s illness. The defendant said he broke the law and had made a big mistake. After the two-year remand, he strives to live a disciplined life, particularly when his family continues to support him. He asked this Court to exercise discretion to pass a lighter sentence.
The defendant’s father also wrote to this Court. His father explained that when the defendant was young, he had to work, and the defendant’s mother lived in the Mainland, so the defendant lacked parental discipline. The defendant mixed with undesirable elements and committed the present offence. Defendant’s father felt the remorse exhibited by the defendant and decided to forgive him. The defendant’s father asked this Court to exercise discretion in passing a lighter sentence.
My consideration for the sentence
I will consider the appropriate sentence in accordance with the six steps in the case of HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290.
The first step was to identify the relevant guideline band applicable to the quantity of dangerous drug concerned. According to the revised guideline for the trafficking of ‘Ice’ in HKSAR v Huang Ruifang (No. 3) [2025] 2 HKLRD 138, the trafficking of 3,880 grammes of ‘Ice’ falls into the 1,500 to 5,000 grammes band with a starting point between 20 to 24 years.
The second step, based on the evidence, the defendant was a packer, a storekeeper and a courier.
The third step, in the circumstances of this case, I will adopt a notional starting point of 22 years and 9 months, that is 273 months.
The fourth step, there are no aggravating factors in this case. The defendant’s previous criminal conviction is unrelated to dangerous drug and I will not enhance the starting point due to that record.
The fifth step is for the mitigating factor. The defendant pleaded guilty at the earliest available opportunity and is entitled to a full one-third discount. With this discount, the sentence will be 15 years and 2 months, that is 182 months.
Although no documents had been provided to me to support the defendant’s claim that his mother was suffering from cancer while in the Mainland, I am prepared to accept that and I will deduct 2 months.
I am of the view that the overall sentence of 15 years is fair, just and balanced in all circumstances of the case, that is the sixth step.
For the trafficking of a dangerous drug the defendant is sentenced to 15 years’ imprisonment.