HKSAR v. YEUNG KA SHING

HCCC 116/2019

[2019] HKCFI 2789

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 116 OF 2019

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

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

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

Transcript of the Audio Recording

of the Sentence in the above Case

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

COURT:

The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. He pleaded guilty and admitted the Summary of Facts during his committal at Eastern Magistracy and was committed to the Court of First Instance on 1 April this year.

The particulars of the charge are that on 17 October 2018, near Tuen Mun MTR Station in Tuen Mun, the defendant unlawfully trafficked in a dangerous drug, namely 311.1 grammes of a solid containing 186.6 grammes of cocaine.

The facts are very straightforward. At about 7.25 in the evening, a plainclothes police officer spotted the defendant looking suspicious near the MTR station. The defendant was carrying a brown bag and a paper bag, looking around and appeared nervous. The officer approached the defendant, revealed his police identity and asked the defendant to stop but the defendant ignored him. He kept trying to walk away from the officer who eventually stopped him. He was searched and inside his brown bag were three plastic bags containing cocaine, and in his paper bag was a further 10 plastic bags containing cocaine. There was written on all the plastic bags either the number “25” or “24.9” in a blue marker pen. At the time of his arrest, the defendant had some cash on him and three mobile phones.

Under caution and later at a subsequent video-recorded interview, the defendant maintained his right to silence. A house search found nothing suspicious.

The street value of the cocaine seized as of October 2018 was approximately $209,000.

At the time of his plea, the defendant admitted that he was in possession of all the cocaine for the purposes of unlawful trafficking.

In mitigation, I have heard that the defendant is just 20 years old now and had received a Form 6 education. At the time of his arrest, he was a customer services manager of a finance investment company but was finding the industry challenging. He was offered $5,000 to courier the cocaine and was tempted to make some easy money. He is single and lives with his parents and a younger brother. At the time of his arrest, he had a clear record.

As is the norm where drug trafficking is concerned, his best mitigation is his plea of guilty. I accept it is indicative of genuine remorse. He is ashamed of himself and sorry to have disappointed his family and friends. They remain very supportive and accept he has made a mistake but bears the responsibility for it now.

Trafficking Guidelines

Trafficking in a dangerous drug is a serious offence. On conviction on indictment, a person is liable to a fine of up to $5 million and to imprisonment for life.

The sentencing guideline for cocaine is found in the authority of R v Lau Tak Ming [1990] 2 HKLRD 370. In the Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69, the Court of Appeal held that the sentencing guidelines in Lau Tak Ming which are directed at trafficking heroin are equally to be applied in cases of cocaine trafficking. The starting point for trafficking between 50 to 200 grammes of cocaine is 8 to 12 years’ imprisonment. Mathematically speaking, trafficking in 186.6 grammes of cocaine would attract a starting point of 11 years and 8 months’ imprisonment.

I have taken everything into account, said and written on behalf of the defendant, his background, his clear record at the time, as well as the facts of this case and the quantity of cocaine. A clear record carries little weight in mitigation where such a serious offence is concerned. There is nothing in mitigation that carries any significant weight in light of the amount of cocaine.

Defendant, please stand up. After careful consideration, I do find the starting point of 11 years and 6 months appropriate. You have pleaded guilty at the earliest opportunity and are entitled to the full discount of one‑third for your guilty plea. After that discount is applied, you will serve a sentence of 7 years and 8 months’ imprisonment. Do you understand that sentence?

ACCUSED: Understood.