HKSAR v. LI KWOK KEUNG

HCCC 190/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 190 OF 2015

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Defendant, you have confirmed your pleas of guilty and admission of the facts of the two offences of trafficking in dangerous drugs, those being 2,972 grammes of a solid containing 2,571 grammes of cocaine hydrochloride, and 602 grammes of a solid containing 553 grammes of cocaine hydrochloride. The two offences therefore involve a total of 3,124 grammes of narcotics.

Briefly, what had happened is as follows.

At around 10.25 pm on 8 Octoberlast year, police officers intercepted you as you were about to enter Room 1, 2nd Floor, 157A Nam Cheong Street, Sham Shui Po. Inside a plastic bag you were carrying they found three solid blocks inside packets. The total weight was 2,972 grammes and they contained 2,571 grammes of cocaine hydrochloride.

Arrested and cautioned, you said, “Earlier in Sha Tin someone told me to take the three bricks of cocaine by road to here in return for 30,000 bucks”.

The officers used keys held by you to enter Room 1. A search revealed much paraphernalia including an electronic scale and a plastic bag containing 602 grammes of a solid containing 553 grammes of cocaine hydrochloride.

In a later video-recorded interview under caution, you claimed called “Alan” asked you to take three blocks of cocaine from Sha Tin. You had never met him before. You said you owed “Ah Keung” $180,000 in gambling debts. Ah Keung told you to traffic for him to pay off those debts. He introduced you to Alan. You were to rent the room on Alan’s instructions. You were to get $10,000 for each kilogramme that you trafficked.

A total estimated street value of all the dangerous drugs was some $3,463,206.

You are a man of clear record. I understand that you largely accept the contents of your antecedents statement. That tells me that you are 55 years old, Hong Kong born and educated to Form 2. You were a taxi driver. You are in good health and not drug-dependent. You are separated from your wife and reside in Shenzhen.

On your behalf, Ms Lai entered further mitigation. I am told that you have attempted to assist the police by giving information, but that has been fruitless. As we know from the antecedents statement, you are 55 years of age, your wife is aged 50 but you have been separated for some 10 years. You have two daughters, one aged 27 in employment, and one aged 19 who is at University.

You have provided $5,000 a month towards your family. The cause of your problem seems to be gambling, you were in debt and lost on football matches. You were then pressed for these debts to be paid off.

I am told that you are very remorseful for what you have done. I take into account the contents of the letter that has been read to me that you have written to the court.

I turn now to the sentence itself.

I do note your clear record. I do note this is a very serious offence, in they all being over 3,000 grammes of cocaine. However, you have expressed your remorse as best you can by your early plea of guilty and your efforts to try to assist the authorities.

There are two offences, but my approach is to lump the amount of drugs involved together for the purpose of arriving at a proper sentence.

On the 1st charge, I take a starting point of 24 years’ imprisonment reduced to 16. On the 2nd charge, a starting point of 19 years reduced to 12 years and 8 months.

In recognition of your efforts to assist the authorities, your early plea of guilty and also noting your clear record, I will run that concurrently, so you will go to prison for a total of 16 years.