HKSAR v CHEUNG Chun yu

HCCC 550/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 550 OF 2013

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

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COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug. There were 661.29 grammes of cocaine, 78.83 grammes of paragraph-methoxymethamphetamine, commonly known as ecstasy, and 18.36 grammes of ketamine.

At about 9.40 pm on 21 May 2013, police officers intercepted the defendant outside Flat 5, 36th Floor, H Cube, No. 118 Yeung Uk Road, Tsuen Wan. The police found five packets containing 101 grammes of cocaine in his hand bag. The police searched the flat. They found in a storeroom the following items:

(a) 27 packets containing 560 grammes of cocaine;

(b) 1000 tablets of phenazepam;

(c) 259 foil packets containing 78.83 grammes of ecstasy and 18.36 grammes of ketamine;

(d) an electronic scale; and

(e) large number of resealable plastic bags.

The defendant admitted under caution that he trafficked the drugs for Ah Kei. He was promised a reward of $20,000. He was delivering the five packets of cocaine to Mongkok at the time of the arrest. The total market value of the drugs was about $708,000. He was the tenant of the flat since January 2013.

The defendant is 38. He has two previous convictions, they were not related to drug offences. He received education up to Form 3. In 2012 he started operating a bar, but lost $200,000. He then worked as an assistant at a minibus stop earning about $8,000. He is divorced with a six year old daughter now living with his ex-wife in Macau. He has a girlfriend who is very supportive. The defendant was an addict for two years before the offence. He submits a letter admitting his stupidity in committing this offence. He is in great remorse.

In relation to the 18.36 grammes of ketamine, according to Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD the starting point should be 4 years and 5 months’ imprisonment. For the 78.83 grammes of ecstasy, according to Secretary for Justice v Hii Siew Cheng the starting point should be 6 years and 4 months’ imprisonment. For the 661.29 grammes of cocaine, according to Abdallah [2009] 2 HKLRD 437 the starting point should be 20 years and 4 months’ imprisonment.

I adopt the approach in HKSAR v Wong Kin Kau [2010] 4 HKC 443 for sentencing as there are three kinds of drugs. I convert the quantities of ketamine and ecstasy to notional quantities of cocaine of comparable criminality. I then sentence on the basis of the notional total amount of cocaine.

According to my calculation, trafficking in 18.36 grammes of ketamine would be comparable to the criminality of trafficking in 8.1 grammes of cocaine. Trafficking in 78.83 grammes of ecstasy would be comparable to the criminality of trafficking in 28 grammes of cocaine. I add these two notional amounts to the 661.29 grammes of cocaine in the charge. The total is 705.49 grammes of cocaine. For trafficking in this amount the starting point should be 20 years and 6 months’ imprisonment. I deduct 6 years and 10 months’ for his plea.

The defendant is sentenced to 13 years and 8 months’ imprisonment.