HKSAR v. GAO LIAN

HCCC291/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 291 OF 2011

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

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COURT: Gao Lian, you have been convicted after trial of trafficking in 1.75 kilograms of a mixture containing 0.93 of a kilogram of heroin hydrochloride. These were the drugs that were found concealed in a suitcase and in a handbag which you brought with you when you came into Hong Kong on an Air Asia flight from Kuala Lumpur on 22 March this year.

It appears that you intended to take the drugs from Hong Kong through to the mainland where you lived. If they had been sold on the streets of Hong Kong, these drugs would have had a retail value of just under HK$1.2 million.

You are clearly an intelligent woman and would have been well aware of the seriousness of the consequences that would follow if you were to be caught trafficking in such a large quantity of heroin. You are perhaps fortunate that you were caught in Hong Kong rather than in Malaysia or on the mainland where the consequences you would face might be even more serious.

Few crimes are more serious than that of drug trafficking. While I am prepared to accept that you may not have been the mastermind of this enterprise, as a courier, you were clearly playing a vital role in the enterprise.

Taking into account the guidelines laid down by the Court of Appeal in Hong Kong and the circumstances of this offence, I adopt an initial starting point of 21 years’ imprisonment which I enhance by 1 year to reflect the international aspect of your activity.

I have read the letters that have been submitted to me by your counsel, Mr Chan. It is particularly tragic that you, as a mother of a young son, should have become involved in this activity. However, I am satisfied that there are no circumstances that warrant any discount from the starting point to which I have referred.

I accordingly sentence you to 22 years’ imprisonment.