HKSAR v. LI HOK LEUNG

HCCC 403/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 403 OF 2013

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

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COURT: The 3rd defendant pleaded guilty to one count of trafficking in dangerous drugs, namely 2,120 grammes of methamphetamine hydrochloride, also known as ‘Ice’, and 4.11 grammes of ketamine.

On 23 May 2013, the defendant was arrested at the Hong Kong International Airport together with three other persons, including the 1st and 2nd defendants in this case. They were then about to check in a flight to Australia. Dangerous drugs were found wrapped around the defendant’s legs.

The defendant is 33 years old and is single. He received education to the level of Form 5. He used to be a salesman earning around HK$25,000 per month. The 3rd defendant has eight previous convictions, three of which are trafficking in dangerous drugs. However, they are apparently of much smaller scale then the present one.

The 3rd defendant submitted a letter written by Reverend Li to the court saying that he can see positive changes on the defendant. Mr Boyton, counsel for the 3rd defendant, submitted that the death of the defendant’s grandmother made him rethink a lot of his life and he is now very remorseful. His remorse can be reflected by the fact that he was once bailed out to attend his grandmother’s funeral and he returned to the Correctional Service the next day, quietly waiting to face his sentence.

The subject dangerous drugs involved in the charge against the 3rd defendant are ‘Ice’ and ketamine. However, in view of the small quantity of ketamine involved when compared to the quantity of the ‘Ice’, for the purpose of sentencing, I will just focus on the quantity of ‘Ice’.

The present offence was committed on the day before the Court of Appeal’s decision in HKSAR v Tam Yi Chun [2014] 3 HKLRD 125. Therefore, for trafficking of ‘Ice’, the sentencing guideline of AG v Ching Kwok Hung [1991] 2 HKLR 125 is applicable, under which, the starting point for trafficking in a quantity of more than 600 grammes of ‘Ice’ shall be over 18 years.

Mr Boyton reminded me of the starting point adopted by DHCJ Tallentire when the learned judge sentenced the 2nd defendant in this case. The learned judge adopted a starting point of 20½ years’ imprisonment when the quantity of ‘Ice’ involved was approximately 0.3 kilogramme less than the present one. Notwithstanding the difference in the quantity of drugs involved, I shall respectfully adopt the same starting point in sentencing the 3rd defendant.

As acknowledged by Mr Boyton, there is involved an international element in this matter and the sentence should therefore be enhanced. An enhancement of 2 years is appropriate in view of the quantity of drugs involved in the present case.

Taking into account the defendant’s guilty plea and special circumstances on the papers which justify a lenient view of the facts, the sentence of the defendant is reduced from 22½ years to 13 years and 6 months’ imprisonment.