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HCCC 388/2024
[2025] HKCFI 4968
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 388 OF 2024
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| Date: |
29 September 2025 at 9.47 am |
| Present: |
Mr Lee Cheuk-wing Marcus, SPP of the Department of Justice, for HKSAR |
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Ms Vivian W M Wong, instructed by Tsang, Chan & Woo Solicitors & Notaries, 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: The defendant was intercepted by police officers in the afternoon on 9 June 2023 in the vicinity of Tsui Wan Estate, Chai Wan. A search has been conducted on the defendant and 25 plastic bags containing a total of 66.3 grammes of ‘Ice’ were found in the defendant’s underpants. Under caution, the defendant admitted that he was distributing the ‘Ice’ to others.
The defendant is 38 years old. He was born in Hong Kong, education level up to Form 5. He is single. He has four prior convictions, two of which are possession of a dangerous drug but he has no previous conviction for trafficking in dangerous drugs. At the time of the offence, he was employed as a part-time cook in a restaurant and earned approximately 10,000 to 15,000 per month.
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 [2020] HKCA 974 and to adopt a six-step approach.
For the tariff for sentence of trafficking in ‘Ice’, this court is to consider the Court of Appeal case of HKSAR v Huang Ruifang. For trafficking in a quantity of 10 to 70 grammes of ‘Ice’, the appropriate range of sentence for the starting point is 7 to 11 years’ imprisonment. As submitted by Ms Vivian Wong, counsel for the defendant, in the present case for the quantity of 66.3 grammes of ‘Ice’, the starting point should be 129 months’ imprisonment. I agree with Ms Wong that the role of the defendant in this case is nothing more than a courier. I am of the view that there is no aggravating factor and therefore the appropriate starting point should be 129 months’ imprisonment in this case.
Apart from the defendant’s guilty plea, there is no other valid mitigating factor and for that factor, the defendant enjoys a full discount of one-third and the sentence is therefore reduced to 86 months’ imprisonment.
The defendant is sentenced to 86 months’ imprisonment for this offence.
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