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HCCC 88/2025
[2025] HKCFI 4896
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 88 OF 2025
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| Date: |
30 September 2025 at 9.48 am |
| Present: |
Miss Mok Wan-yin Winnie, SPP of the Department of Justice, for HKSAR |
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Mr Ronny Y W Leung, instructed by Tsang, Chan & Woo Solicitors & Notaries, 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 is charged of one count of trafficking in dangerous drugs. The dangerous drugs involved is 505 grammes of a crystalline solid containing 474 grammes of methamphetamine hydrochloride.
On 16 October 2022, police officers conducted an anti‑narcotics operation at Stanford Hotel in Mong Kok. The defendant was seen opened the door of a room numbered 1901. Police officers intercepted the defendant and entered the room.
Upon search, in a bag the defendant was carrying, police officers found a packet of dangerous drugs, which later confirmed to be the ‘Ice’ involved. Under caution, the defendant admitted that he intended to sell the dangerous drugs found on him.
The defendant is 55 years old. He is single. His mother is around 90 years old. His father has passed away. He has three elder brothers and one elder sister. He has an educational level up to Primary 6. At the time of the arrest, he was unemployed.
In mitigation, Mr Ronny Leung, counsel for the defendant, submitted that the defendant committed the offence as he was heavily in debt and he is extremely remorseful. Mr Leung submitted that the defendant has determined to turn a new leaf through the study of Christianity.
In considering the sentence for the offence of trafficking in dangerous drugs, this court will consider the Court of Appeal judgment of HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, and to adopt the six-step approach as set out in the case.
For the sentencing tariff for trafficking in ‘Ice’, this court will consider the Court of Appeal judgment of HKSAR v Huang Ruifang (No.3) [2025] 2 HKLRD(138?). For trafficking in a quantity of 300 grammes to 600 grammes of ‘Ice’, the range of sentence is 15 to 18 years’ imprisonment.
First of all, for this offence, the defendant was found in a hotel with a large quantity of drugs on him, and he admitted that he would sell the drugs to others. The defendant has 22 previous convictions. Most of the convictions are related to drugs, the majority of which is possession of dangerous drugs. However, there are three previous convictions of trafficking in dangerous drugs involving in two case.
The last conviction for trafficking in dangerous drugs was in September 2016, in which he was sentenced to 10 years’ imprisonment. The date of release of the defendant, according to the antecedent statement, was on 4 June 2022, and he was arrested for the present offence four months later, on 16 October 2022.
I am of the view that the defendant is a professional trafficker. He released from prison for the same offence, only for four months, and he committed another trafficking in dangerous drugs offence. And for this, I consider it an aggravating factor. In the circumstances, I would enhance the starting point from the suggested one by Mr Leung of 16 years and 8 months to 17 years and 6 months.
Apart from the defendant’s guilty plea, I can see no valid mitigating factor. Giving the full one-third discount for the defendant’s guilty plea, the sentence is reduced to 11 years 8 months’ imprisonment.
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