HKSAR v. CHAN CHI CHUN

HCCC 518/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 518 OF 2014

-----------------

-----------------

---------------------------------

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

---------------------------------

COURT: You have pleaded guilty to trafficking in dangerous drugs, namely 21.90 grammes of methamphetamine hydrochloride, commonly known as “Ice”.

The facts are as follows.

On 6 May of last year, police officers searched the flat Man Yue House, Tsz Man Estate, Wong Tai Sin. Nothing incriminating was found. However, they saw you and another man acting furtively at the staircase and you were stopped and searched. Inside your jacket pocket they found two plastic bags containing 21.97 grammes of a crystalline solid containing 21.90 grammes of methamphetamine hydrochloride.

Under caution you said:

“The ‘Ice’ was just given to me by Ah Fei in Greenland Hotel. Afterwards he and I brought the ‘Ice’ over together”.

Arrested and further cautioned you said:

“I said that Ah Fei asked me to keep the two packets of “Ice” for him. It has nothing to do with me.”

In a subsequent video-recorded interview under caution you claim to have known Ah Fei earlier in Sham Shui Po. You both took a taxi to Tsz Man Estate. Before alighting, Ah Fei put two plastic bags into your jacket pocket. At that stage you insisted you did not know the plastic bags contained dangerous drugs until arrested by the police.

The estimated street value of the drugs is some $9,271.

Despite what you have said earlier, you now admit possession for the purpose of trafficking.

You have an undistinguished criminal record, having been convicted of 16 previous convictions on eight occasions, and you are and admit to being in breach of a suspended sentence imposed by the Kowloon City Magistrates’ Court on 10 October 2013 for a period of two months for a similar offence related to dangerous drugs.

I am told also that you do accept the antecedent statement. That statement tells me that you were born in Hong Kong, you are 32 years of age. You are educated to Form 3. You have had various jobs, including vehicle attendant, lorry driver and a casual worker. You were last discharged from prison in 2013. Your health condition is described as fair, and that you have been addicted to “Ice” since 2013.

You are single. You live with your parents. I understand you have a triad background, and you are not in receipt of CSSA.

Mr Hung added further mitigation on your behalf. He referred me to two letters that had been produced. I can assure you I have read and considered the contents of those letters, and he also addressed me at length on the unfortunate health condition of your father.

I take all these matters into consideration when imposing sentence.

I turn now to that sentence.

You are somewhat fortunate in that this offence occurred one month before the new scale of imprisonment was imposed. This falls within the range to 70 grammes of “Ice” being 7 to 10 years, falls at the lower end of the range.

Taking into account all matters I have mentioned, I take as a starting point seven-and-a-half years. That is reduced to 5 years for your plea of guilty, and I also impose the two month suspended sentence. That will be activated consecutively.

So, you are going to prison for 5 years and 2 months.