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HCCC 390/2024
[2025] HKCFI 4897
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 390 OF 2024
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| Date: |
29 September 2025 at 11.45 am |
| Present: |
Mr Lee Cheuk-wing, Marcus, SPP of the Department of Justice, for HKSAR |
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Mr Vivian W M Wong, instructed by K Y Woo & Co LLP, 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: Now, the defendant is charged of one count of trafficking in dangerous drugs and pleaded guilty in the Magistrates’ Court and is committed for sentence. On 9 August 2023, the defendant was in a taxi travelling from Sheung Shui to Reclamation Street in Mong Kok. At around 8.56 in the evening, the taxi was stopped by a police officer in a roadblock at Sai Yee Street. The police officer conducted a search on the defendant and inside the front trouser pocket of the defendant, the police officer found a delivery packaging bag. Inside the bag there were four transparent resealable plastic bags containing a total of 111 grammes of a mixture containing 87.6 grammes of heroin hydrochloride.
The defendant is now 23 years and 11 months old. He was only 21 at the time of the offence. Defendant was born in Hong Kong, his education level is up to Form 1. He then switched to a vocational preparatory programme.
Defendant is single and has a clear record. Before the offence, the defendant was residing with his parents and elder brother and his family member is here in this court to support him. He used to contribute 8,000 per month to his family and the defendant started working at the age of 16, primarily learning aluminium window installation. He had been employed as an aluminium window frame installation worker and he earned around 20,000 per month at that time.
In considering the sentence for trafficking in dangerous drugs, this court is to consider the Court of Appeal case of HKSAR v Herry Jane Yusuph and to adopt the six-step approach. And in consideration of the tariff, for trafficking in heroin, the court is to consider the case of HKSAR v Huang Ruifang and the relevant guideline for trafficking 50 to 200 grammes of heroin is 8 to 12 years’ imprisonment.
As submitted by Ms Vivian Wong, counsel for the defendant, for the quantity of 87.6 grammes of heroin, the starting point would be, according to Huang Ruifang, 108 months’ imprisonment.
In mitigation, Ms Wong submitted that the defendant is now very remorseful and has adopted a positive attitude towards his rehabilitation. He wanted to start anew and to pursue a career of interior designer. The defendant has also written a letter to the court telling the court the same. And during the time of remand, defendant has studied the AutoCAD course and he has produced a certificate to the court, certifying that defendant has completed the foundation certificate in renovation drawings, which is a 30 hours course.
Now, as I said, the appropriate starting point for sentencing should be 108 months’ imprisonment. The defendant pleaded guilty in the first opportunity and therefore he is entitled to the full discount of one-third reduction from the starting point. The sentence will then become 72 months’ imprisonment. At the time of the offence, the defendant was 21 years old. Although it cannot be regarded as very young, he is still relatively young. And he has a clear record and has demonstrated his determination to start anew, and he is supported by family members. For all these factors, I will give a further 3 months reduction in his sentence.
The defendant is sentenced to 69 months’ imprisonment.
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