HKSAR v. LIM CHI KUEN

HCCC 328/2018

[2019]HKCFI 553

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 328 OF 2018

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

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COURT: Background and the Facts

On 8 October 2018, the defendant pleaded guilty in the Eastern Magistrates’ Courts to two counts of trafficking in a dangerous drug. He was then committed to the Court of First Instance for sentence.

This morning, the defendant confirmed his pleas and admitted the Summary of Facts.

Briefly, in the afternoon of 7 December 2017, the defendant, who was found to be acting furtively, was intercepted by the police in Sham Shui Po. As a result of a search, two plastic bags containing 47.8 grammes of a solid containing 42.5 grammes of cocaine were seized from inside a paper box which was contained in the bag carried by the defendant. The defendant was then arrested and under caution, he admitted that he intended to sell the drugs to earn money. This is the subject matter of the 1st count.

Later that day, and armed with a search warrant, the police conducted a search to a room by using the key found on the defendant. 25 plastic bags containing a total of 513 grammes of a solid containing 452 grammes of cocaine, together with paraphernalia like an electronic scale and a pile of resealable plastic bags were found inside the premises. Cash of HK$35,050 was also seized. Under caution, the defendant again admitted that he intended to sell the drugs to earn money. This is the subject matter of the 2nd count.

The drugs seized were a total of 560.8 grammes of a solid containing 494.5 grammes of cocaine and the estimated street value was about HK$766,000.

Defendant’s Background and Mitigation

The defendant is aged 44 and is now divorced. He was born in Hong Kong and received education up to Form 2 level. At the time of the offence, the defendant was unemployed.

Prior to this offence, the defendant was fined between 1995 and 1996 for three offences, one of which was possession of a dangerous drug. In mitigation, Mr Lee for the defendant submitted that the defendant committed the present offence because of financial reasons. At the time, the defendant had odd jobs on and off. Mr Lee further informed the court that the defendant was living with his mother prior to his arrest and was giving her $3,000 to $4,000 a month if he had work.

Sentencing Considerations

The tariffs for trafficking in cocaine are the same as those for heroin. See AG v Rojas [1994] 2 HKCLR 69 and R v Lau Tak Ming & Others [1990] 2 HKLR 370. For trafficking between 400 and 600 grammes of cocaine, a term of 15 to 20 years’ imprisonment is called for.

In the present case, although there are two counts, as the facts were closely linked and both offences were discovered on the same day, I consider it appropriate to add the different amounts together in determining an overall starting point. See, for example, HKSAR v Wong To, CACC 508 of 2000, 7 August 2001, unreported.

Sentencing in this Case

Having considered the facts of this case and that a total of 494.5 grammes of cocaine was involved, I am of the view that an overall starting point of 17 years and 3 months, that is 207 months, is appropriate and I would adopt this as the starting point for both counts.

The defendant pleaded guilty at the committal stage, I will give him a full one‑third reduction for his plea. Other than that, there is nothing in this case which would warrant any further reduction in sentence.

17 years and 3 months, that is 207 months, reduced by one‑third is 138 months and that is 11½ years’ imprisonment, and that is the sentence I impose for each of the two counts. Applying the totality principle, I order that the sentences to run wholly concurrently, making a total term of 11½ years, and this is the sentence I pass on the defendant.