HKSAR v. CHAN CHI MING

HCCC64/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 64 OF 2012

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

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COURT: The defendant, Chan Chi-ming, faced 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 before me, and I convicted him as charged after he admitted to the Summary of Facts. The Summary of Facts admitted by the defendant disclosed that on 16 November 2011, the defendant was intercepted by Customs officers at the Arrival Hall, Lo Wu Control Point, when the defendant entered Hong Kong from the mainland.

Upon search, a quantity of dangerous drug later confirmed to be 0.49 kilogramme of a powder containing 0.40 kilogramme of cocaine was found inside a waist bag worn by the defendant. When the defendant was asked about the dangerous drug, he told the Customs officers that he had no idea how the cocaine came to be inside his bag.

Later investigation disclosed that the defendant’s finger and palm prints were found on the tape used to seal the packet containing the dangerous drug.

The estimated retail value of the cocaine was HK$537,040.

The defendant admitted that he was aware of the dangerous drugs in his waist bag, and that he had the dangerous drugs for unlawful trafficking, before me.

The defendant is now aged 46 and is a first offender. He studied up to Primary 6 and had worked mainly as a driver, and prior to his arrest he was working as what is called a parallel goods courier. He was married twice, but his first and ex-wife deserted him after clearing him of all his properties, and he is now married to another mainland lady.

Mr Ho, mitigating on the defendant’s behalf, presented a written submission and letters written by the defendant and the defendant’s family. In gist, the defendant was foolish enough to be used by others to traffic the dangerous drug. He did not know the quantity involved, and he did not know the serious consequences of such an offence. His father suffered from strokes and is now being cared for at the old people’s home. His mother is not of the best of health either. The defendant and his family all pleaded for a lenient sentence so that the defendant could be released soon.

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

The total quantity involved here is 400 grammes, which fell into the category of 400 to 600 grammes with a starting point of 15 to 20 years. See the case of Pedro Nel Rojas adopting the guidelines in Lau Tak Ming.

There was also an international element involved as drugs were imported, which amounted to an aggravating factor.

When I consider the appropriate starting point, apart from the circumstances of the offence I also take into account the defendant’s previous clear record. I am of the view that the proper starting point for trafficking the 400 grammes of cocaine is 15 years, with an extra 6 months to reflect the importation element.

The starting point is therefore one of 15½ years.

I accept the defendant is remorseful and demonstrated his remorse by pleading guilty, for which he will be given the full one-third discount. I appreciate the defendant suffered from a broken marriage and his family members also suffered deeply because of his committing this very serious offence. Nevertheless, the defendant’s own family circumstances are not grounds for me to further reduce his sentence.

For this offence, the defendant is therefore sentenced to 10 years and 4 months’ imprisonment.