HKSAR v. HUI WAN FAAT

HCCC 94/2026

[2026] HKCFI 3838

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 94 OF 2026

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REASONS FOR SENTENCE

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1.  The Defendant pleaded guilty to two counts of trafficking in a dangerous drug before a Magistrate on 2 March 2026 and was committed to this Court for sentence. The particulars of the two charges are as follows:

(a) Charge 1 - Trafficking in a dangerous drug: On the 14^th day of January 2025, at 13^th Floor, Hoover Court, No. 41 Tai Pak Tin Street, Kwai Chung, New Territories, in Hong Kong (“the Premises”), unlawfully trafficked in a dangerous drug, namely 166 grammes of a solid containing 146 grammes of cocaine.

(b) Charge 2 - Trafficking in a dangerous drug: On the 14^th day of January 2025, at Flat G of the Premises (“Flat G”), unlawfully trafficked in a dangerous drug, namely 149 grammes of a solid containing 132 grammes of cocaine.

2.  The Defendant confirmed his guilty pleas to both charges and admission of the Summary of Facts before me today.

SUMMARY OF FACTS

3.  The facts which the Defendant admitted can be summarised as follows. 

4.  At about 8:22 pm on 14 January 2025, police officers mounted an anti-narcotic operation at the corridor of the Premises.

5.  At about 8:27 pm, one of the police officers saw the Defendant coming out from Flat G and locking the metal grille of Flat G. While he was walking towards the 13/F lift lobby, police officers approached and intercepted the Defendant.

6.  Upon body search, the following items contained in the sling bag carried by the Defendant were found:

(a) 3 keys;

(b) 2 mobile phones;

(c) 1 wallet containing cash in the sums of HK $852.2, USD 5, $1000 Taiwanese currency and $35 Macau currency; and

(d) a black plastic bag containing 2 transparent resealable bags containing 8 transparent resealable bags containing a total of 166 grammes of a solid containing 146 grammes of cocaine.

7.  Upon enquiry, the Defendant said the 3 keys were the keys of Flat G.

8.  At about 8:31 pm, the Defendant was arrested for trafficking in a dangerous drug. Under caution, the Defendant said that “I sell drugs only to repay the debts that I owe others.”

9.  At about 8:36 pm, police officers used the keys seized from the Defendant and entered Flat G and conducted a house search. The following items, inter alia, were found:

(a) 10 plastic bags containing a total of 149 grammes of a solid containing 132 grammes of cocaine;

(b) electronic scales; and

(c) a number of paraphernalia including resealable plastic bags, heat sealing machine, marker pens, measuring cups, scissors, gloves, trays, chopsticks, bowls, pots, and soda powder.

10.  Under caution, the Defendant said that “I am waiting to deliver the drugs in the flat to others as well.”

11.  The Defendant was the tenant of Flat G for a two-year period between 28 May 2024 and 27 May 2026. The monthly rental was HK $9,300.

12.  In the subsequent video-recorded interview, the Defendant said:

(a) He had been living at Flat G since around June 2024. Only he himself had the keys to Flat G, which were sized by the Police;

(b) When he was intercepted by the Police at the corridor outside Flat G, he was delivering the cocaine in his sling bag to others;

(c) He owed a debt of HK$500,000 to a financial company and he had to make a repayment of about HK$100,000 monthly;

(d) He was going to deliver the cocaine in Flat G to others;

(e) He would receive about HK$10,000 weekly for selling drugs, which would be deposited into his bank account by some unknown persons;

(f) He did not have the habit of consuming drugs; and

(g) The 2 mobile phones seized from him were used by himself for communication with others.

13.  As of January 2025, the estimated street value of all the cocaine seized was between HK$ 268,380 (in powder form) and HK$ 379,890 (in crack form).

BACKGROUND AND MITIGATION

14.  The Defendant is 37 years old. He received education up to Secondary Five level. Prior to his arrest, he was a warehouse keeper, with a monthly income of HK $28,000. At the material time, he had a clear criminal record.

15.  According to Mr. James Wong, the Defendant has obtained a Food Hygiene Manager Certificate awarded by The Hong Kong Management Association and a Foundation Certificate in Online Entrepreneurship from SidebySide whilst in custody. Two mitigation letters from the Defendant and his father respectively have been submitted to the Court, which I have read and taken into consideration.

SENTENCING

16.  Before turning to the 6-step approach, I first address the close proximity between Charge 1 and Charge 2, in terms of both time and location. Charges 1 and 2 arose from the same narcotic operation on 15 January 2025, the drugs found in the sling bag of the Defendant outside Flat G and the drugs found inside Flat G form part of the same course of conduct.

17.  As the Court of Appeal held in HKSAR v Lam Chi Wa [2009] 1 HKLRD 483 (paragraph 38), where the offences of two or more counts of trafficking in dangerous drugs occur on the same day and the reason for there being separate charges is primarily that the drugs are located in different places, it is appropriate for the sentencer to add the total quantities together to arrive at a notional starting point. The same principle was affirmed in HKSAR v Wan Lau Mei CACC 389/2013.

18.  Therefore, I will adopt a global starting point based on the combined quantity of drugs.

19.  Charge 1 concerns 146 grammes of cocaine and Charge 2 concerns 132 grammes of cocaine. The total quantity of all narcotics is 278 grammes of cocaine.

20.  I have considered the nature and quantity of the dangerous drug involved, the facts of this case, the personal background of the Defendant, the mitigation put forward by Mr. Wong, the guidelines and the 6-step approach as set out by the Court of Appeal in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 and the updated guidelines for trafficking in cocaine as set out in the case of HKSAR v Huang Ruifang [2025] 2 HKLRD 138.

Step One: Trafficking Guideline

21.  278 grammes of cocaine falls into the revised guideline band of 200 to 500 grammes with a starting point of 12 to 16 years of imprisonment, according to Huang Ruifang. On a purely mathematical calculation, the starting point would be 13.04 years of imprisonment. This is also the calculation arrived at by Mr. Wong for the defence, and agreed by Ms. Kwan for the prosecution.

Step Two: The Defendant’s role and culpability

22.  The guidelines for trafficking in dangerous drugs are meant for those at the bottom of the trafficking hierarchy, namely, the courier or storekeeper.

23.  I am of the view that the role of the Defendant in the present case is more than a courier or storekeeper. He admitted under caution that he would receive about HK$10,000 weekly for selling drugs. There was a large quantity of packaging and weighing paraphernalia, including sealer, resealable plastic bags, spoons, pliers, scissors and electronic scales in Flat G. He was the tenant of Flat G. I am not persuaded that the Defendant was merely a courier. An enhancement should be made to reflect this.

24.  In HKSAR v Islam Azharul [2020] 1 HKLRD 644, an enhancement of 6 months’ imprisonment was appropriate for a defendant who was involved in the packaging and dissemination of dangerous drugs, and rented a room to store the dangerous drugs involved.

Step Three: Starting Point

25.  Considering the overall role and culpability of the Defendant, an enhancement of 3 months is warranted. I therefore adopt 13 years 3 months of imprisonment (i.e. 159 months) as the notional starting point. 

Step Four: Aggravating Factors

26.  There are no further aggravating factors in this case.

Step Five: Mitigating Factors

27.  The only mitigating factor is the Defendant’s timely plea of guilty, for which he is granted the full one-third discount.

Step Six: Overall Sentence

28.  After applying the discount, the sentence of the Defendant is reduced to 8 years 10 months’ imprisonment (i.e. 106 months). I am satisfied that the sentence is fair, just and balanced.

29.  To achieve this sentence, in relation to Charge 1, I sentence the Defendant to 8 years 10 months’ imprisonment upon his guilty plea. For Charge 2, I also sentence the Defendant to 8 years 10 months’ imprisonment upon his guilty plea. The sentences in both charges are to run concurrently, resulting in the total sentence of 8 years 10 months’ imprisonment.

ORDER

30.  The Defendant is sentenced to a total of 8 years 10 months’ imprisonment.