HKSAR v. WONG KWOK BONG

HCCC 326/2025

[2026] HKCFI 1299

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 326 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 pleaded guilty before a magistrate for one count of trafficking in dangerous drugs. He is now before me for sentence. On 25 October 2023, at around 4.54 in the afternoon, the defendant was intercepted by the police when he was walking out from No. 18 Po On Road, Sham Shui Po. The defendant tried to flee but was subdued by the police.

The police was brought to the apartment of the defendant at the address and upon search dangerous drugs contained in plastic bags were found in the living room and also the bedroom. Paraphernalia, including an electronic scale, plastic spoons, and a large quantity of empty transparent resealable plastic bags were also found.

The drugs found were later on confirmed to be a total of 127 bags containing 295.37 grammes of a solid containing 246.41 grammes of ketamine, 31 bags containing 22.47 grammes of a solid containing 16.04 grammes of cocaine, two bags containing 6.63 grammes of a crystalline solid containing 6.58 grammes of ‘Ice’, and one bag containing 0.45 grammes of a solid containing 0.37 grammes of fluoromethylbenzylpiperazine.

The estimated street value of the drugs involved is in total around HK$168,000.

Under caution, the defendant admitted he would deliver the drugs to others. In a subsequent video-recorded interview, the defendant said a Chinese male he met at a park in Sham Shui Po recruited him to deliver drugs to others to make money. He was later given a toolbox containing the paraphernalia and drugs and asked him to wait for instructions to deliver the drugs.

The defendant is now 38 years old. He was living by himself in the subject premises. He has no record of drug related offence. According to Mr Iu, counsel for the defendant, the defendant received education up to Form 5 level and before his arrest he was a construction worker earning around 20,000 per month.

In mitigation, Mr Iu submitted that the defendant is now very remorseful and has been regretting since his arrest. The defendant asked for the court’s leniency.

In consideration of sentence, this court is to adopt the six‑step approach set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 and follow the guidelines set out in HKSAR v Huang Ruifang [2025] 2 HKRLD 138 and also SJ v Hii Siew Cheng [2009] 1 HKRLD 1.

The present case involved four different kinds of drugs. Mr Iu has set out in his written submission applying the absurdity test, the conversion test, and the ratio test adopting the guidelines as laid down by the above cases.

I am not minded to set out in detail the results arrived at by Mr Iu. It is sufficient to say that the appropriate starting point for sentencing in this quantity of different drugs should be 9 years’ imprisonment, leaving aside the negligible quantity of the fluoromethylbenzylpiperazine found.

Regarding the role of the defendant, although the defendant used his residential unit for drug trafficking and repacking drugs, I am not minded to take a higher starting point because of his role. I accept the submission of Mr Iu that the defendant is a mere courier or storekeeper. However, as the defendant committed the present offence when he was on bail, I am of the view that an enhancement of 3 months’ imprisonment is appropriate.

Although there are different drugs involved in this case, the relevant quantity of drugs is relatively not of a high scale in this matter. I am not minded to further enhance the sentence because of this factor. In the circumstances, I will adopt the starting point of 9 years and 3 months for this case.

Apart from the defendant’s guilty plea, there is no valid mitigating factor. The sentence is therefore reduced to 6 years and 2 months.