HKSAR v. TOTH JOLAN

HCCC 408/2025

[2026] HKCFI 2245

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 408 OF 2025

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

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COURT: The defendant had pleaded guilty in the Magistrates’ Court to one count of trafficking in a dangerous drug, namely, 3.98 kilogrammes of a solid containing 3.28 kilogrammes of cocaine.

The facts admitted to are all too familiar to all of us in the criminal courts. The defendant arrived in Hong Kong at the International Airport. When her baggage was screened, a compartment in her suitcase was found to contain the dangerous drugs, the cocaine, which is the subject matter of the charge. And at that time of arrest, the defendant had with her her Hungarian passport, her identity card, a credit card, and boarding passes, and with some Euros and Hungarian forint in her possession.

The estimated street value of the dangerous drugs seized was in the region of HK$3,287,480.

Ms Herbert has said everything she could possibly say on behalf of the defendant. As to her background, she was from Hungary, but at the time prior to her arrest, she was living and working in Tenerife in a restaurant. The defendant is aged 49 and is a single mother with four sons. And when she left home, she was living with three of her sons. They range from 10 years old to 25 years old. And the father of her children died in 2011. I am informed by Ms Herbert that she is very remorseful and, of course, this is reflected in her plea of guilty. Understandably, it is difficult for her to be in a foreign country because she doesn’t speak English or Cantonese.

As I have said before in other cases involving foreign nationals bringing drugs into Hong Kong, it is always difficult to sentence knowing that the defendant in each case will be kept away from his or her original country of origin. However, the court has to make it plain that deterrent sentences are called for because of Hong Kong’s open borders and it is so easy for people to bring in drugs, which would harm our society and the people living here so deterrent sentences are called for.

And as Ms Herbert correctly pointed out, the sentences for cocaine has been laid down by the Court of Appeal in the case of HKSAR v Huang Ruifang (No. 3) in 2025. And the revised guidelines suggest is that for trafficking in 1,500 to 5,000 grammes of cocaine would merit imprisonment of 20 to 24 years after trial. And, of course, as to how a judge considers the sentence is the steps to be taken, as was pointed out by Ms Herbert, in the case of Herry Jane Yusuph in 2021.

I accept that the starting point for this amount of drugs is 22 years’ imprisonment. I have to, of course, assess the role of the defendant and it would appear that she is a courier. And I also have to determine that being a courier, she brought these drugs into Hong Kong from overseas and so the international element is included in there. So considering all that, I would increase the sentence by 2 years to one of 24 years.

And as I have said, I accept that the defendant is totally remorseful and I will give her the full one-third discount for her plea.

So the sentence she will serve is one of 16 years’ imprisonment.