HKSAR v. CHAN YAU WAI

HCCC 35/2026

[2026] HKCFI 3569

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 35 OF 2026

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REASONS FOR SENTENCE

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The Charge

1.  On 19 January 2026, the defendant pleaded guilty in the magistracy to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.  The charge involved 1.67 kilogrammes of a liquid containing 784 grammes of cocaine.  On the same day, the defendant admitted a Summary of Facts dated 30 December 2025 and he was committed to the Court of First Instance for sentencing.  Today, before this Court, the defendant confirmed his guilty plea to the trafficking charge and his admission of the Summary of Facts.

Facts Admitted

2.  The facts of the case can be summarized as follows.

3.  In the afternoon on 27 October 2023, Customs officers conducted an anti-narcotics operation in Cheung Sha Wan, when they saw the defendant walking out of Lai Huen House at Lai Kok Estate in Sham Shui Po, acting furtively.  They intercepted and searched the defendant and found in his bag a wine bottle.  A rapid test was conducted and the liquid in the bottle was tested positive for cocaine.  When subsequently examined, the bottle was found to contain 1.67 kilogrammes of a liquid containing 784 grammes of cocaine.

4.  When arrested and cautioned, the defendant claimed that it was a bottle of red wine which he had ordered from the internet and he had collected it from Lai Huen House.

5.  A house search was conducted at the defendant’s residence but nothing illegal was found there.

6.  In October 2023, the street value of the dangerous drugs seized was around HK$777,728.

7.  In the Summary of Facts, the defendant admitted that at the material time, he knowingly possessed the dangerous drugs seized for the purpose of unlawful trafficking.

Background andmitigation

8.  The defendant was born in the Mainland and he is now aged 24.  His family moved to Hong Kong in 2008 but his parents separated during his childhood.  Before his arrest, he was living with his father in a public estate in Cheung Sha Wan.  His father had health problems and the defendant took care of him and often accompanied him to attend his medical appointments.

9.  The defendant was educated in Hong Kong up to Form 3 level and when he left school, he took up casual works including working as a waiter and as a salesperson. 

10.  The defendant has two previous convictions: one for trafficking in a dangerous drug for which he was sentenced to the Drug Addiction Treatment Centre in 2021; the other for importing alternative smoking product in 2025 for which he was fined $2,000.  Counsel acting for the defendant, Ms Ling, informed the Court that according to her instructions, the defendant has now successfully quitted his drug dependency.  Ms Ling urged the Court not to enhance the sentence on account of his prior trafficking conviction given the likely severe sentence that he will need to face.

11.  In respect of the present offence, Ms Ling submitted that the cocaine in the bottle was not in consumable form and no packing or other paraphernalia was found from his residence.  Ms Ling invited the Court to find the defendant’s role as one of a courier.

12.  The Court was told that during his remand period, the defendant had undertaken some Associate Degree courses of the Hong Kong Metropolitan University, even though the examinations were relatively difficult for him.  The Court was also told that the defendant wishes to continue his studies whilst in prison and as far as practicable.

13.  The Defence also submitted three letters in mitigation, written by the defendant himself, and by his parents respectively.  The defendant expressed his full remorse and his wish to reform himself and plan for his future; whereas his parents pleaded for leniency in sentencing and a chance for the defendant to rehabilitate himself.

Sentence

14.  In sentencing the defendant, I will follow the six steps as set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, bearing in mind also the Court of Appeal’s guidance in HKSAR v Lee Ming Ho [2024] 1 HKLRD 1186.

15.  The tariffs for sentencing an offence of trafficking in cocaine are set out in HKSAR v Huang Ruifang (No. 3) [2025] 2 HKLRD 138.  For cocaine with a quantity between 500 grammes and 1,500 grammes, the starting point is 16 to 20 years’ imprisonment (§62 of the Judgment).  Given the quantity involved in the present case (namely 784 grammes), the notional starting point in sentencing is about 17 years and 2 months’ imprisonment.

16.  Turning to the role and culpability of the defendant.  Having considered the Summary of Facts and heard from Ms Ling, I am prepared to accept the role of the defendant as that of a courier.

17.  Turning to aggravating factors.  The defendant has a previous conviction of trafficking in 2021.  Not longer after his release from the Drug Addiction Treatment Centre in January 2023, he committed the present and much more serious offence of trafficking in October 2023.  The fact that he reoffended within such a short time period is an aggravating factor.  For that, I will increase the notional starting point by 4 months, bringing it to an enhanced starting point of 17 years and 6 months’ imprisonment.  

18.  Given the seriousness of the offence, the only real and strong mitigating factor in the defendant’s case is his guilty plea which was entered at the earliest opportunity.  Because of that, he is entitled to a full one-third discount.  Applying the one-third discount to the enhanced starting point of 17 years and 6 months, that will result in a final sentence of 11 years and 8 months’ imprisonment.

19.  I consider this sentence fair, just and balanced in all the circumstances of the offence and the defendant.  Accordingly, the defendant is sentenced to a term of imprisonment for 11 years and 8 months.