HKSAR v. WONG KOK SUM SAMMY

HCCC419/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 419 OF 2011

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

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COURT: You will know, as everybody in Hong Kong knows, that the consequences of conviction for trafficking in a dangerous drug are very severe indeed. Nobody needs reminding of the devastating consequences that drugs have on families and communities. That is why the law takes such a strong approach to the trafficking of dangerous drugs, and you must have known that, because you enlisted the assistance of two perfectly innocent people, in particular Mr Peng Xiu Qiang, who actually had to spend almost a month in custody as a result of what you got him into, in order to distance yourself from this crime.

I take a mathematical approach to the appropriate sentence for the quantity with which I am concerned in this case, namely 139.54 grammes of cocaine. You have been well served by your legal team, and Mr Jenkyn‑Jones in particular, in this trial, and he has persuaded me that I should not add to the sentence for the fact that the drugs were arranged to be imported into Hong Kong.

One of the wicked features of what you did was enlisting the use and services of the unfortunate Mr Peng, who, as I say, had to go to prison until a decision not to proceed against him was made by the Department of Justice. Yet you persisted in suggesting his involvenent during cross-examination of this unfortunate witness.

You do not have the advantage of a clear record, but by the same token, I do not intend to add to your sentence by virtue of the fact that you have a record. As Mr Jenkyn‑Jones points out, although you have six previous convictions, they are some time ago.

Bearing in mind the quantity of drugs concerned and the circumstances of this particular case, the sentence that I pass upon you is one of 10½ years’ imprisonment.

That is the sentence of the court.