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HCCC 151/2021
[2025] HKCFI 4707
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 151 OF 2021
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| Before: |
Hon Andrew Chan J |
| Date: |
20 August 2025 at 9.41 am |
| Present: |
Mr Kong Pak-lim Glen, SPP of the Department of Justice, for HKSAR |
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Mr Charles P T Chiu, instructed by Tang, Wong & Cheung, assigned by DLA, for the accused |
| Offence: |
(1) & (2) Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance, and he is committed to this court for sentence.
On 13 April 2020, the defendant was intercepted by police officers at Yau Tong Estate. In one plastic bag that the defendant was carrying, police officers found 255 grammes of cocaine.
A search was conducted at his residence. Police officers found another 192.12 grammes of cocaine and various paraphernalia such as electronic scale, resealable bags, forceps therein.
The street value of the cocaine in question was estimated to be in the range of HK$480,000 to HK$600,000.
The defendant is 26, educated up to secondary school level. He has four criminal records, three relating to drug and one in particular to trafficking in dangerous drug.
Guidelines on sentencing are clear, starting point for trafficking between 200 and 500 grammes of cocaine is one of 12 to 16 years’ imprisonment. As such the starting point for Count 1 based on quantity alone will be 12 years and 6 months and starting point for Count 2 based on quantity alone will be one of 12 years’ imprisonment.
Given the defendant’s plea, the sentence, based on quantity alone, would be set at one of 8 years and 4 months and 8 years respectively. Had the defendant been charged with one single offence, the starting point based on quantity alone would be one of 15 years and 3 months’ imprisonment.
There are, in my view, aggravating features in this particular case which justify a higher overall starting point, namely, the defendant’s past criminal records and the fact that the defendant was not acting merely as courier but had used his residence as a repackaging and distribution centre. In my view, an additional 12 months should be added to reflect the overall criminalities.
The overall starting point should therefore be 16 years and 3 months’ imprisonment. By pleading guilty, the sentence should therefore be set at 10 years and 10 months’ imprisonment. In light of the above, it is therefore ordered that 2 years and 6 months imposed on Count 2 is to run consecutively to the 8 years and 4 months imposed on Count 1.
In summary, for the two counts of trafficking in a dangerous drug the defendant stands convicted, he is therefore sentenced to a total of 10 years and 10 months’ imprisonment.
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