HKSAR v. CHING MEI SZE

HCCC 471/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 471 OF 2013

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Defendant, you have pleaded guilty and admitted the facts to a single offence of trafficking in dangerous drugs. This is a serious offence involving 144.56 grammes of a crystalline solid containing 142.08 grammes of methamphetamine hydrochloride, “ice”. Briefly, the facts are as follows.

At approximately 2333 hours on 18 June 2013, PC 58648 was outside Room B, 11th Floor, 484 to 488 Shanghai Street, Mongkok, with a search warrant. You came out and you were intercepted and searched. Nothing suspicious was found at this stage. The search warrant was then executed.

On a white folding table inside the premises PC 58648 found:

(a) four transparent plastic bags containing a white crystalline substance (Exhibits 1 to 4);

(b) three packets of transparent plastic bags with red lines (Exhibits 5 to 7);

(c) a transparent plastic bag containing a pile of resealable plastic bags (Exhibit 10);

(d) a transparent plastic bag containing a pile of blue resealable plastic bags (Exhibit 11);

(e) electronic scales (Exhibit 12); and

(f) a plastic bottle (Exhibit 19).

Arrested and cautioned for trafficking in dangerous drugs, you said, “I carry the drug ‘ice’ for someone because my uncle is sick.” In a subsequent video recorded interview under caution you stated that you could not make such a large sum of money in such a short time, this was the quickest way to earn money. A couple of months earlier you had run into a friend, Ah Shing. You agreed to carry dangerous drugs for him and did so. You had received $2,000. Ah Shing was to call to tell you where to take the dangerous drugs, but had not yet called at that stage.

Subsequent analysis of the dangerous drug showed it to be 144.56 grammes of a mixture containing 142.08 grammes of methamphetamine hydrochloride, “ice”. The street value of the “ice” was approximately $97,144.

You admitted to three previous convictions on two occasions, all of which involved dangerous drugs, one was in fact a trafficking offence.

Ms Lai on your behalf indicates that you accept the antecedents statement put before the court. That statement tells me you are now 23 years of age; it refers to your criminal record; you were educated to Form 2, and at the time of your arrest you were unemployed. You claimed to have an addiction habit, this relates to “ice”.

Additionally Ms Lai entered further mitigation on your behalf. She told me about the difficult childhood you had had; that your parents divorced when you were only four years of age and you had been brought up by your paternal uncle and aunt and grandparents; you had spent a time being educated in Shanghai; when you returned to Form 2 in Hong Kong you quickly left school. I am told that your father is in very poor circumstances living in the mainland, in fact in custody, he suffers from diabetes and is profoundly blind and that your natural mother is a housewife who has remarried, living in Shanghai with a son of 16.

Ms Lai also referred me to your addiction history. You began taking “ice” when you were only 13. At age 15 you switched to ketamine and at age 18 you began to try heroin. The present offence was committed because you were trying to raise money for the medical treatment of your uncle who has subsequently died. She pointed out the fact that you were extremely cooperative when arrested and that you have tried to assist the police by giving information. However, that does not appear to have been extremely effective. It is your wish to be released from prison as soon as possible so you can look after your father. I am also told that you married last year and your husband resides in the mainland.

Ms Lai also referred to the fact that because of your addiction you would have taken an indeterminate part of these drugs for your own consumption. She also placed before me two letters, one written by a pastor and one written by yourself, which she read out to me. I have taken those into account when sentencing you.

I turn now to the sentence. Drug trafficking is always serious. This involves a relatively high amount of the drug “ice”. You are a lady of only 23, but you have a record of drug offences. I accept that you had a difficult upbringing. I accept also that you were cooperative with the police at the time of your arrest and you did try to assist the police thereafter.

I do take into account that perhaps a small part of these drugs would have been for self-consumption, but it is very difficult to evaluate how much would have been used.

At the time of the commission of offence this amount of drugs would fall within the range of 70 to 300 grammes, which is 10 to 14 years’ imprisonment.

I take all the matters I have mentioned into account. I take into account the mitigation, especially the use of some of the drugs by yourself. I am taking a slightly lower starting point than I would normally have taken. The starting point I take is one of 11 years’ imprisonment, this will be reduced by one third for your plea of guilty to 88 months, that is 7 years and 4 months.