HKSAR v. YUNG CHI KIN

HCCC 38/2025

[2025] HKCFI 3378

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 38 OF 2025

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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 two counts of trafficking in dangerous drugs. At about 5.35 pm on 2 February 2023, in Tan Cheung Village, Sai Kung, the defendant was intercepted when he was approaching his car. Upon search, five plastic bags containing a total of 2.55 grammes of a crystalline solid containing 2.53 grammes of ‘Ice’ were found in the car. The residential flat of the defendant in Tan Cheung Village was then searched, and a total of 21.27 grammes of a crystalline solid containing 10.33 grammes of ‘Ice’ was found.

In his video-recorded interview, the defendant admitted that he trafficked drugs in order to repay his debt. The drugs found in the flat were provided to him by an expatriate he knew through a middleman. He would receive several hundred dollars for delivering drugs each time. All the drugs found belonged to him, and those found in the car was for his own consumption. Although he mentioned it in his record of interview, Mr Pun, counsel for the defendant, submitted to the court that the defendant now admitted that all the drugs found in the car was for the purpose of trafficking. The defendant had the habit of consuming ‘Ice’ for two years.

The street value of the drugs involved was about HK$11,576.

The defendant is now 49 years old. He has nine previous records including 13 counts of convictions, in which nine counts were drug-related. The present offence is his first conviction of trafficking in dangerous drugs.

The defendant received education up to Form 3 level and was unemployed at the time of the offence. He lived with his girlfriend at his flat. His girlfriend suffered from mental illness and he used to drive her to the hospital for treatment with his car.

In considering the appropriate sentence for trafficking in ‘Ice’, I made reference to the judgments of the Court of Appeal in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 and HKSAR v Huang Ruifang [2025] 2 HKLRD 138. The quantities of ‘Ice’ involved in Charge 1 was 2.53 grammes and that of Charge 2, 10.33 grammes. Under Huang Ruifang, the starting point for trafficking in ‘Ice’ for up to 10 grammes is 3 to 7 years’ imprisonment, and for 10 to 70 grammes, 7 to 11 years’ imprisonment.

I accept the submission of Mr Pun, counsel for the defendant, that for the purpose of sentencing, I should consider the defendant’s role as a courier or storekeeper in this case. And given the history of drug consumption of the defendant, I accept that a significant portion of the drugs for Charge 2 was for his own consumption.

Apart from the above and his guilty plea, I do not see any other valid mitigating factors. In the premises, for Charge 1, I adopt a starting point of 4 years’ imprisonment and reduce it to 32 months, taking into account the defendant’s guilty plea.

For Charge 2, I adopt a starting point of 7 years’ imprisonment and reduce it to 56 months for the defendant’s guilty plea. There is a further reduction to 50 months, taking into account the fact that part of the drugs involved was for the defendant’s own consumption.

Considering the totality for sentence of the two offences, given the proximity of the offences and making reference to the overall quantity involved, namely 12.86 grammes of ‘Ice’, I am of the view that an overall sentence of 52 months’ imprisonment is appropriate.

For Charge 1, the defendant is sentenced to 32 months’ imprisonment. For Charge 2, the defendant is sentenced to 50 months’ imprisonment. I order that 30 months’ imprisonment in Charge 1 be served concurrently and 2 months be served consecutively with the sentence in Charge 2.

The defendant is therefore sentenced to a total of 52 months’ imprisonment for both charges.