HKSAR v. ZHENG YICUN

HCCC 132/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 132 OF 2017

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REASONS FOR SENTENCE

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1.  The defendant pleaded guilty to trafficking in a dangerous drug at the earliest opportunity in the Magistracy on 18 April 2017. He was committed to the Court of First Instance for sentence. His early plea entitles him to a full one third discount from the starting point for sentence.

2.  The defendant has admitted that on 13 September 2016 he unlawfully trafficked in a dangerous drug, namely 288 g of a crystalline solid containing 280 g of methamphetamine hydrochloride, commonly known as Ice, by bringing the drugs into Hong Kong at the Lok Ma Chau Control Point.  The estimated retail value of the drugs at the time of the offence was $104,544.  He was stopped by police officers who searched him and found the drugs secreted in a pocket of his underpants.  He admitted to the police officers that on that day he had been given the Ice by a person named Ah Hing in Haifeng in mainland China who told him to wear the underpants so as to conceal the Ice and take it to Shui Yeh in Hong Kong.  He explained that he owed Ah Hing $7,000 who suggested to him that he could set off $5,000 of the amount that he owed him by making the delivery of the drugs.  He agreed to do it.  He also admitted that he has been taking Ice for about half a year prior to this offence.

3.  The defendant is 33 years of age.  He was born in Haifeng in mainland China.  I am told that his family moved to Hong Kong in 1997.  He later joined them about 3 years ago.  He has attained secondary school education to Form 3 level in mainland China.  At the time of the offence he was living with his family and employed as a jewelry worker.  The defendant is married with a six-month old son.  His wife and child live in mainland China.  It appears he maintains two homes, one in Hong Kong and one in mainland China.  He has a clear record in Hong Kong. 

4.  According to the sentencing guideline cases of AG v Ching Kwong Hung [1991] 2 HKLR 125 and HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, for trafficking in Ice, a starting point for a quantity of 280 g of Ice within the indicated tariff band is 14 years and 8 months’ imprisonment.  There is also an international element due to the fact that the defendant brought drugs into Hong Kong from mainland China.  As provided by HKSAR v Abdallah Anwar Abbas [2009] 2 HKC 197 and HKSAR v Chung Ping Kun, CACC 85/2014, 2 July 2014, this warrants an enhancement on the defendant’s sentence of 6 months’ imprisonment.  This brings the starting point to 15 years and 2 months’ imprisonment.  As the defendant is entitled to a full one third discount, I will reduce his sentence to 10 years’ imprisonment.