HKSAR v. KWOK CHI FAI WILSON

HCCC 383/2024

[2025] HKCFI 2403

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 383 OF 2024

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REASONS FOR SENTENCE

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The Charge

1.  On 7 November 2024, the defendant pleaded guilty in the magistracy to two charges of trafficking in a dangerous drug, contrary to section 4(1)(a)  and (3)  of the Dangerous Drugs Ordinance, Cap. 134.  The 1^st charge involved 58.84 grammes of a solid containing 55.04 grammes of cocaine.  The 2^nd charge involved 72.6 grammes of a solid containing 42.74 grammes of cocaine.  On the same day, the defendant admitted a Summary of Facts dated 16 September 2024 and he was committed to the Court of First Instance for sentencing.  Today, before this Court, the defendant confirmed his guilty pleas to the trafficking counts and his admission of the Summary of Facts.

Facts Admitted

2.  The facts of the case can be summarized as follows. 

3.  In the afternoon of 14 June 2023, Customs officers mounted an anti-narcotics patrol operation at Grand Horizon in Tsing Yi.  They observed the defendant entering the lift of Block 5 of Grand Horizon and going downstairs and he was carrying a brown paper bag at that time.  The defendant was later intercepted when coming out from the lift at the ground floor lobby.  Upon a body search conducted on the defendant, a total of 372 resealable plastic bags containing cocaine (being the subject matter of the 1^st charge)  were found inside the brown paper bag which the defendant was carrying.

4.  Upon arrest and caution, the defendant admitted:

(a)  The dangerous drugs were “coke”, meaning cocaine, and they belonged to him;

(b)  He was going to distribute the cocaine which was taken from a flat at 12/F, Block 5; and

(c)  He would be rewarded with HK$1,000 for each distribution.

5.  Customs officers later escorted the defendant to Flat F, 12/F, Block 5, Grand Horizon (“the Flat”)  and gained entry into the Flat with the password provided by the defendant.  A Customs officer opened a locked room (“the Room”)  in the Flat with a key found on the defendant.  Upon search of the Room, Customs officers found a total of 106 resealable plastic bags containing cocaine (being the subject matter of the 2^nd charge), an electronic scale and a bundle of empty resealable plastic bags.

6.  Upon further arrest and caution, the defendant admitted that:-

(a)  The dangerous drugs were “coke”, meaning cocaine, and they belonged to him;

(b)  He would pack the cocaine into ziplock bags and distribute them to others; and

(c)  The electronic scale was used to weigh the cocaine before packing it into the plastic bags.

7.  The total quantity of drugs seized in this case was 131.44 grammes of a solid containing 97.78 grammes of cocaine.  The estimated street value of the dangerous drugs seized was HK$103,049.

8.  In the Summary of Facts, the defendant admitted that at all material times, he knowingly possessed all the dangerous drugs seized for the purpose of unlawful trafficking.

Background and mitigation

9.  The defendant was born and brought up in Hong Kong and is now aged 60 years old.  He has achieved up to Form 5 education.  He has divorced once and is now remarried.  Prior to his arrest, he lived with his 40-year-old wife, a full-time housewife, and their 5-year-old daughter.  The daughter is repeating her K1 study at kindergarten due to her speech and language impairment as a result of her inborn upper jaw problem and after-birth surgery.  The defendant also has a 19-year-old daughter from his previous marriage.

10.  The defendant’s father passed away due to cancer in around April 2023 at the age of 85.  The defendant’s mother is now in her 80s and is suffering from various ailments. 

11.  The defendant was the sole breadwinner of the family and he was responsible for the household expenses, as his wife was unable to work since a car accident in the past.  The defendant was and is still suffering from hypertension and diabetes.

12.  The defendant was unemployed at the time of his arrest.  Before that, he had worked in the jewellery and Chinese herbal medicine industry.  After his retirement, he could not find a new job and had to rely on his savings.

13.  The defendant has two criminal conviction records dating back to 1991 and 2000 respectively which are not similar to the present charges. 

14.  The defendant did charity by sponsoring children in poverty and hunger some years ago.  He also often volunteered his leisure time and made donations to temples in the past.

15.  The defendant committed the present offences in June 2023, two months after his father passed away.  Through his counsel Mr. Benjamin Chong, the defendant has submitted a number of letters in mitigation.  It appears from the letters from the defendant himself, the defendant’s wife, mother, elder brother, younger sister and uncle respectively that the defendant was always a caring father and supportive member of the extended family, but the defendant was deeply affected by his father’s death, and he could not find a job due to the covid pandemic; and that was at a time when the defendant also had health problems and he was not very happy with his career and marriage then.  In those circumstances, he could not cope with his problems both emotionally and financially.

16.  The defendant is now very remorseful and pleads for the Court’s leniency in sentencing.

Sentence

17.  In sentencing the defendant, I will follow the six steps as set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, bearing in mind also the Court of Appeal’s guidance in HKSAR v Lee Ming Ho [2024] 1 HKLRD 1186.

18.  The first step is to identify the relevant guideline band applicable to the quantity of the dangerous drugs in question.  In the present case, Mr. Chong accepted that with the total quantity of 97.78 grammes of cocaine, the starting point should be about 9 years and 3 months’ imprisonment: see HKSAR v Huang Ruifang [2025] 2 HKLRD 138 at §62.  That starting point is also confirmed by Ms Angela Wong, counsel acting for the prosecution.

19.  The second step is to assess the role and culpability of the defendant based upon the Summary of Facts before the Court.  In short, the defendant was observed by Customs officers to be carrying some dangerous drugs and leaving the building where he lived; and he stored the rest of the dangerous drugs at his residence.  He also admitted that he would be rewarded with HK$1,000 for each distribution of dangerous drugs.

20.  The third step is to decide where within the relevant guideline band the defendant should come.  In my assessment, the defendant’s role was that of a storekeeper cum courier.

21.  The fourth step is to deal with aggravating factors, if any.  The defendant has two previous convictions not related to dangerous drugs and dating back to 1991 and 2000 respectively.  Other than those previous convictions which I shall disregard, I do not find any applicable aggravating factor in the present case.

22.  The fifth step is to take into account the mitigating factors, if any.  As accepted by Mr. Chong, given the seriousness of the trafficking offences, the only mitigating factor in the defendant’s case is his guilty pleas which were entered at the earliest opportunity.  Because of that, he is entitled to a full one-third discount.  Therefore, I will reduce the total sentence from 9 years and 3 months’ imprisonment by one third to 6 years and 2 months’ imprisonment.  In order to achieve that, in respect of the 1^st charge, I will use a starting point of 8 years’ imprisonment and reduce it by one third to arrive at a sentence of 5 years and 4 months’ imprisonment.  In respect of the 2^nd charge, I will use a starting point of 7 years and 6 months’ imprisonment and reduce it by one third to arrive at a sentence of 5 years’ imprisonment.  I will order that 10 months of the sentence of the 2^nd charge to run consecutively to the sentence for the 1^st charge, making a total sentence of 6 years and 2 months’ imprisonment.

23.  Lastly, I consider these sentences fair, just and balanced in all the circumstances of the offences and the defendant.  Accordingly, the defendant is sentenced to a total term of imprisonment of 6 years and 2 months.

Exhibits

24.  Order in terms of the Prosecution’s application, not objected to by the Defence, was granted.