HKSAR v. ONWUABOR CHUKWUEMEKA EMMANUEL

HCCC 70/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 70 OF 2016

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

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COURT:

Mr Onwuabor, you have pleaded guilty today to one count of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The Summary of Facts to which you pleaded guilty have been read to you and you have confirmed through your counsel that you accept them. You have been formally convicted upon your plea.

In essence, Mr Onwuabor, you were caught red-handed at Chek Lap Kok International Airport on 8 July 2015, having travelled to Hong Kong from Lagos via Dubai. You were found to have ingested 71 pellets, weighing 1,394.70 grammes of which 608.64 grammes was found to be cocaine. At the time of your arrest, you had in your possession two mobile phones and US$4,700 which you say was for your business use.

The street value of the drugs which you trafficked into Hong Kong was $1,624,825.50.

Mr Onwuabor, you are 36 years of age and a Nigerian passport holder. You have a clear record here in Hong Kong. In interview, you said you were operating a clothing business and the immigration record shows your regular travel to Hong Kong and stays of between two and three weeks. You say you are married with two young daughters who are 6 years old and 9 months old, and your family will no doubt suffer very greatly from what you have done.

I have listened carefully to what Mr Fenton has urged upon the court on your behalf. But as he properly conceded, it is a very serious matter and there is unfortunately very little mitigation which can be advanced which will affect the sentence that this court must pass. It is a very serious offence, Mr Onwuabor, and causes a great deal of harm to many other people.

For trafficking in dangerous drugs in 608.64 grammes of cocaine, you fall to be considered, as Mr Fenton said, under the guidelines set out in HKSAR v Lau Tak Ming [1990] 2 HKLR 370. In that case, for trafficking between 400 to 600 grammes of cocaine, the guideline sentence, after trial, is between 15 and 20 years of imprisonment. Therefore, for trafficking in 608.64 grammes of cocaine, the starting point must be 20 years.

There is also an international element under HKSAR v Abdallah which involves, of course, you bringing the drugs into this country. For that aggravating element, I enhance that starting point by 1 year which makes a total of 21 years.

There has not been any other mitigation advanced which can reduce your sentence further. But you are, of course, entitled to a one-third discount for entering your plea now, even although it was not at the first opportunity.

You will go to prison for 14 years.