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HCCC 219/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 219 OF 2014
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HKSAR |
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NG Ka-cheong |
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| Date: |
10 June 2015 at 9.58 am |
| Present: |
Mr Richmond Martyn, on fiat, for HKSAR |
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Mr Dick Lee, instructed by Au Yeung, Cheng, Ho & Tin, assigned by DLA, for the accused |
| Offence: |
Trafficking in a dangerous drug (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, Mr Ng Ka-cheong pleads guilty 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 particulars of offence
The defendant, on the 18th day of November, 2013, outside King Lai House, Shan King Estate, Tuen Mun, New Territories in Hong Kong, unlawfully trafficked in a dangerous drug, namely 102.12 grammes of a crystalline solid containing 99.17 grammes of methamphetamine hydrochloride.
Facts Admitted
On 18 November 2013, at about 2.29 pm, police officers stopped and searched the defendant near the basketball court at Ground Floor, King Lai House, Shan King Estate, Tuen Mun. From inside his underpants, the defendant took out a blue plastic bag and handed it to the police.
Inside the blue plastic bag, there were four transparent resealable plastic bags, each wrapped in adhesive tape, containing a total of 102.12 grammes of a crystalline solid containing 99.17 grammes of methamphetamine hydrochloride, commonly known as “Ice”.
On being arrested and cautioned for trafficking in a dangerous drug, the defendant said, “You caught me red-handed for the dangerous drug ‘Ice’. I admit it. I have nothing else to say.”
In a video-recorded interview conducted subsequently, the defendant admitted that he took out the dangerous drug from his underpants at his own initiative and confirmed his verbal response under caution. He also admitted the dangerous drug as belonging to him.
The “Ice” in question could have been sold at street level at a price of $57,494.
Criminal Record
The defendant has 4 previous convictions, including 3 counts of possession of a dangerous drug. He was last sentenced to Drug Addiction Treatment Centre for 2 counts of possession of a dangerous drug on 7 February 2011.
Mitigation
The defendant is aged 28, and received Form 3 education. The counsel for the defence points out that the defendant admitted the offence frankly on being arrested by the police. The defendant was unemployed at the time, and he was a drug addict. He was driven to commit the present offence for monetary gain. He pleads guilty to the offence, saving the time of the court and showing fully his remorsefulness for offending the law.
His mother, siblings and a friend are in court today to support the defendant. The defendant is determined to turn a new leaf and with a supportive family, he stands a good chance to succeed.
The defendant is aware of the sentencing tariffs in trafficking in “Ice”, and asks the court for leniency.
The counsel for the defence urges the court to adopt the lowest starting point in sentencing the defendant.
Sentence
The Court of Appeal laid down sentencing guidelines for trafficking in “Ice” in AG v Ching Kwok Hung [1991] 2 HKLR 125. For a quantity of 70 to 300 grammes of “Ice”, the starting point is 10 to 14 years’ imprisonment.
The amount of “Ice” in the present case is 99.17 grammes, the starting point is therefore about 10 years 6 months’ imprisonment.
The defendant committed the offence for economic reasons, and this certainly does not constitute a valid ground of mitigation.
The court does not see any reason not to follow the sentencing guidelines, thus adopting 10 years 6 months’ imprisonment as the starting point.
The only mitigating factor for the defendant is his plea of guilty. Giving him credit for that, the court sentences him to 7 years’ imprisonment.
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