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HCCC 169/2025
[2026] HKCFI 1317
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 169 OF 2025
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| Before: |
Recorder Eric Kwok, SC |
| Date: |
31 December 2025 at 9.40 am |
| Present: |
Mr Cheng Shu-fan Brian, PP of the Department of Justice, for HKSAR |
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Ms Chan Man-wai Vivien, instructed by Chan & Tsu, assigned by DLA, for the accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Mr Lai, you have pleaded guilty to a count of trafficking in a dangerous drug, which reads:
“On the 11th day of April, 2024, in Castle Peak Road, you unlawfully trafficked in a dangerous drug, namely 29.3 grammes of a crystalline solid containing 29.3 grammes of methamphetamine hydrochloride.”
The facts are as follows. In the evening of 11 April 2024, police officers conducted a snap check near Lamppost BC0077, Castle Peak Road - Ting Kau, Tsuen Wan.
At around 8.07 pm, Police Constable 60662 intercepted a taxi with the registration number WD4740 and directed it to the search area for inquiry. You were sitting at the front seat at the material time.
As you were acting furtively, you were asked to alight the taxi for further inquiry. The officer conducted a body search on you and found a transparent resealable plastic bag containing 29.3 grammes of a crystalline solid containing 29.3 grammes of methamphetamine hydrochloride inside your left sock.
The estimated value of drugs is around 14,620.
You also had with you a mobile phone and cash of 150.
You were then arrested and under caution you stated that the drugs were bought at a beach in Shum Tseng for your own consumption.
In subsequent cautioned video-recorded interview conducted on 12 April 2024, you stated among other things, the following. At around 7 pm on 11 April, an unknown male approached you when you were walking at the vicinity of Yeung Uk Road Market and you were asked if you would like to have some drugs. The unknown male then instructed you to go to Lido Beach, Shum Tseng, Tsuen Wan and the drugs will be given to you. You then took a taxi from Yeung Uk Road Market to Lido Beach and when you arrived there, an unknown male asked if you wanted any drugs. You then asked for ‘Ice’ and paid $4,000 to the male.
You placed the drugs inside your left sock and then you walked to Royal View Hotel into a taxi to Fanling. You were subsequently intercepted while you were on the taxi. You claimed that you bought the drug for your own consumption and you said you had the habit of consuming ‘Ice’ and claiming that 30 grammes of ‘Ice’ would be sufficient for you to consume for one to two months.
However, you now accept and admit that at all material times, you knowingly possessed all subject dangerous drugs for the purpose of unlawful trafficking.
Insofar as your background is concerned, you are now 47 and at the material time of the offence you were 45. You had three previous convictions, two of which are possession of dangerous drugs, for which you were placed on probation and a fine respectively.
On 26 September 2023, you were convicted of operating a gambling establishment and you were being given 2 weeks’ imprisonment suspended for 2 years and a fine of $3,000. You committed the present offence while you are still within the operation period of the suspended term of imprisonment passed on you.
You have received education up to Form 3 and had been working as a delivery worker and medium vehicle driver. You admitted that you were a drug addict and you resided with your mother.
There is nothing much to be said about your background except that you do not have a clear record and you committed the present offence while there is still a suspended sentence hanging around you.
For the drugs involved in this case, we are looking at the sentencing range from 7 to 11 years’ imprisonment. On the evidence before me, I accept that you are a courier, so your role is at the lowest end of the scale. I will adopt a starting point of 99 months.
The only mitigating factor in your case is your early plea. As I said, there is nothing much in your personal background which I can exercise any mercy.
I will give you one-third discount from my starting point. Therefore I impose on you a term of imprisonment for 5 years and 6 months, or 66 months. I would also activate the suspended term of imprisonment imposed on you in September 2023, which is one of 2 weeks’ imprisonment, and that sentence is to run consecutive to the 66 months which I impose today.
So the total term of imprisonment is one of 5 years 6 months and 2 weeks.
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