HKSAR v. KWOK KWAN LAM

HCCC 154/2025

[2026] HKCFI 1333

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 154 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 on 24 April 2025 to one count of trafficking in a dangerous drug and was committed to the Court of First Instance for sentence. Today he confirms his plea and admission of the Summary of Facts.

The particulars of the offence are as follows. The defendant on 7 December 2022, in a container, near Lamppost V6711, on Chiu Fuk Road, Tuen Mun, New Territories, unlawfully trafficked in a dangerous drug, namely 393.8 grammes of a solid containing 321.9 grammes of cocaine.

At the material location near that lamppost, there were two containers that were fenced off. The police intercepted the defendant near them. The defendant had access to a key to one container and knew the password for a padlock to that same container. That container was subsequently searched.

In that container, the police found the drugs of the charge in two plastic bags in a drawer and paraphernalia associated with packaging drugs. They found an electronic scale with traces of cocaine and a large number of transparent resealable plastic bags. The defendant was arrested and under caution said that the smaller of the two bags containing 21.9 grammes of cocaine were for his own consumption and belonged to him.

The defendant admits that the estimated street value of the total amount of cocaine was $332,367.20. He now admits unlawfully possessing this amount of cocaine for the purposes of trafficking. It was confirmed that he did not rent the container from the landlord.

Mitigation

The defendant is not a man with a clear record. He has nine convictions from seven court appearances. However, his last conviction was 2014. His convictions do include assault, being and claiming to be a member of a triad society, robbery, theft and possession of dangerous drugs.

He is now 45 years old, married with two sons aged 13 and 17. Both are students. Prior to his arrest, he was a car mechanic earning HK$20,000 a month on average. I have received letters of mitigation from the defendant who expresses his sincere remorse and overriding guilt for causing his family and children great distress. I have a letter from his wife who is very supportive and accepts that the defendant is truly remorseful. She explains how he has taken many courses whilst in remand in order to better himself and hopefully provide more for his family when he has served his sentence. I have seen those certificates in the mitigation bundle.

I also have a letter from his previous employer who is willing to re-employ him after he is released from this sentence because he was always a hard-working, responsible, and reliable employee before his arrest.

Mr Kuan and Mr Ip, for the defendant, have said all they can possibly say in mitigation on his behalf. His best mitigation is his plea of guilty at the earliest opportunity. I have taken into account all mitigation I have heard put forward by the defence.

Sentencing

I have considered the approach to sentencing those that traffic in dangerous drugs. With the Court of Appeal’s guidance in the most recent authority, HKSAR v Lee Ming Ho [2024] HKCA 150, I now consider the six steps as set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290.

In the approach to sentencing, a number of steps have been identified which the court should take, such as assessing the gravity of the offence and applicable guideline, identifying the defendant’s role, where within the guideline the defendant should lie, any aggravating factors, any mitigating factors, and lastly passing a sentence which is fair, just, and balanced in all the circumstances of the offence as well as the defendant.

The first step is to assess the gravity of the offence and identify the applicable guideline according to the drug seized.

The sentencing guideline for cocaine is now found in the most recent authority of HKSAR v Huang Ruifang [2025] HKCA 234. The starting point for trafficking in cocaine between 200 and 500 grammes is 12 to 16 years’ imprisonment. Mathematically speaking, trafficking in 321.9 grammes of cocaine will attract a starting point of 13 years and 7 months’ imprisonment.

I have considered the evidence and there is no real evidence to suggest the defendant is anything more than a storekeeper and/or a courier. Therefore, I find the mathematical starting point of 13 years and 7 months’ imprisonment appropriate in this case.

The fourth and fifth steps require me to consider whether there are any aggravating factors or any exceptional mitigating factors. I see no aggravating factors in this case. I have considered all mitigation I have heard, including his plea at the earliest opportunity, and arrive at a decision to apply a 45 per cent discount to that starting point.

I will take the starting point of 13 years and 7 months’ imprisonment and reduce it by just under 45 per cent. The defendant is therefore sentenced to 7 years and 6 months’ imprisonment.

With the last of the six steps in mind, I consider this sentence to be fair, just, and balanced in light of the circumstances of the offence as well as the defendant.

Accordingly, the defendant is sentenced to a total of 7 years and 6 months’ imprisonment.