HKSAR v. CHAN HO FAI

HCCC 120/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 120 OF 2017

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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 54 grammes of ‘Ice’ at Eastern Magistrates’ Court on 3 April 2017.  He was committed to this court for sentence.

At about 8.46 pm on 5 October 2016, police officers intercepted the defendant outside the fire exit near Room 537, Tip Ying House, Butterfly Estate, Tuen Mun. The police found two plastic bags containing ‘Ice’ inside a white-colour box held by the defendant. Under caution, the defendant admitted delivering the ‘Ice’ for another person. He would be given a few hundred dollars in return.

According to police statistics, the retail price of these two packets of ‘Ice’ was about $19,000.

The defendant is 22, he is single. He received education up to Form 5. He lived at Yau Oi Estate with his parents. He was a construction site worker earning about $26,000 per month. He was unemployed at the time of the offence.

He was convicted of possession of a dangerous drug in 2015 and was sentenced to Drug Addiction Treatment Centre. He relapsed into drug-taking after discharge. He committed this offence during the supervision period of the Correctional Services Department. He was an addict at the time of the offence.

His father wrote to this court, pleading for leniency. He was ashamed for the defendant’s conduct. He would introduce the defendant to work in his trade after the defendant’s discharge. Other family members wrote to this court, showing support to the defendant. They pleaded for leniency. Social worker, Mr Chan, confirmed that the defendant was remorseful and would try his best to assist the family and the defendant in future. Defence counsel, Miss Cheung, points out that the defendant is remorseful and determined to reform. She urges this court to adopt a lower starting point.

For trafficking in 54 grammes of ‘Ice’, according to the tariff set out in Tam Yi Chun, the starting point should be 9 years and 11 months’ imprisonment. I give him a discount of 3 years and 4 months for his plea.

Trafficking is a serious offence. It creates a great problem to the society at large. Deterrent sentence is warranted, despite the minor role of the defendant. It is encouraging to learn that the defendant has a positive attitude and strong support from his family to reform. This court, however, is bound by the sentencing guidelines set down by the Court of Appeal.

I sentence the defendant to 6 years and 7 months’ imprisonment.