HKSAR v. FUNG KA MING

HCCC 517/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 517 OF 2014

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

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COURT: I have to sentence you for one count of trafficking in a dangerous drug and one count of possession. When you were searched, you had a small amount of ‘Ice’ upon your person and that is the subject to Count 2. When you were searched, the police also found receipts indicating that you rented a hotel room. You were taken back there and found in the room was 210 grammes of ‘Ice’. You will know perfectly well that sentencing for drug offences in this jurisdiction is done pursuant to guidelines which are based upon the nature and the quantity of the drug in question.

Your case falls to be dealt with under a guideline in a case called Ching Kwok Hung. For trafficking in 70 to 300 grammes of ‘Ice’ a sentence after trial of 10 to 14 years is to be imposed pursuant to that guideline. In the circumstances of this case I shall take a starting point of 13 years. You earn a one-third discount for your plea of guilty, and that gives a sentence of 8 years and 8 months’ imprisonment and that is the sentence I impose.

I do note that you have a previous conviction for trafficking in dangerous drugs. You were sentenced to 2 years’ imprisonment for that back in 2011. I do not regard that record as so great for indicating such a repetition of trafficking in dangerous drugs that it should enhance your sentence. So the sentence I pass upon you today is 8 years and 8 months’. And on the 2nd count, there will be a concurrent sentence of 6 months’ imprisonment.