HKSAR v. WONG CHI HANG

HCCC 60/2025

[2025] HKCFI 3533

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 60 OF 2025

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REASONS FOR SENTENCE

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1.  The defendant pleaded guilty to 1 count of trafficking in a dangerous drug[1]  before Magistrate Ms. Minnie Wat and was committed, on 16 January 2025, to the Court of First Instance for sentence. He confirmed his plea and admission to the Summary of Facts before me, and his conviction was duly recorded.

2.  Particulars are that, the defendant on 29 April, 2023, near Lamppost FB0027, Tin Sam Tsuen, Tin Ha Road, Tin Shui Wai, New Territories, unlawfully trafficked in a dangerous drug, namely 385.43 grammes of a mixture containing 323.36 grammes of heroin hydrochloride.

FACTS

3.  Patrolling police officers saw the defendant acting furtively while holding a paper bag in the Tin Sam Tsuen area at around 4:10pm on the charge date.  Upon interception, the defendant fled and threw the paper bag into a nullah near lamppost FB0027.

4.  The defendant was eventually subdued and brought back to where he was first intercepted.  The paper bag he threw away was recovered.  Inside was a box with a plastic bag containing the dangerous drugs as particularized in the charge.  

5.  The sling bag that the defendant had on him was searched and a total of cash of HK$48,212.30, RMB101, a mobile phone and a car key were found.  Upon activating, the car key unlocked a nearby private vehicle with a XF 1825 licence plate.  The defendant claimed that the car belonged to him.

6.  By his admission to the Summary of Facts, the defendant had accepted that, at all material times, he was in unlawful possession of the seized dangerous drugs for the purpose of trafficking.  

PREVIOUS CONVICTIONS

7.  The defendant has 14 convictions from 8 court appearances.  8 of them are drug related.  His last set of convictions are in December 2021, when he was sentenced to a total of 17 months’ imprisonment for using a false instrument, possession of forged vehicle document and theft.  

BACKGROUND AND MITIGATION

8.  The defendant was born in April 1979 and is 46.  He received education up to Form 3 level and had worked as a delivery worker and driver.  He was working on a casual basis earning $500 per day, for about 15 days per month.  

9.  The defendant divorced in 2020 and is the father of a 15 year old daughter.  The defendant’s parents had passed away.  He has 2 siblings.  One of his brother visited him in prison very occasionally.  The defendant was cohabitating with his girlfriend at the time of the offence, who had left since the defendant’s remand.  

10.  Ms. Cindy Lee, counsel for the defendant, told the court that he committed the offence because he was in need of money after deciding to rent a bigger place to live with his girlfriend.  A drug addict friend suggested for him to deliver dangerous drugs for $10,000.  The defendant thought about it for a few days and then agreed to it.  

11.  On the day of the offence, that friend gave him the paper bag with the drugs inside and told him to wait for the delivery order.  The defendant panicked when walking to his vehicle and threw the paper bag away.  

12.  The defendant bought his car for $20,000 in February.  He planned to become an Uber driver but had yet to register.  He regrets what he had done, and he would not have committed the offence but for his affection for his then girlfriend.  He wishes for leniency, knowing that as a result of his wrong decision, he would be missing the formative years of his daughter.

SENTENCING

13.  The maximum sentence on conviction upon indictment for trafficking in dangerous drugs is life imprisonment and a fine of $5 million.  

APPLYING HERRY JANE YUSUPH

14.  The guidelines and 6-step approach set out by the Court of Appeal in HKSAR v Herry Jane Yusuph[2], as read in conjunction with HKSAR v Lee Ming Ho[3] are applied as follows.

Step 1: The applicable guideline tariff bands

15.  The sentencing guidelines as updated in the case of HKSAR v Huang Ruifang [2025] HKCA 234 for heroin are applied.

16.  For 323.36g, the applicable band is “12 to 16 years”.

Step 2: The defendant’s role and culpability

17.  Based on the Summary of Facts, it would appear that the defendant was acting as a courier.  There were no packaging paraphernalia found on his person, nor I surmise in the vehicle since if there had been it would have been included in the facts.  It can also be inferred that no such incriminating articles were found from his residence, which would normally had been searched.

18.  That being the case, the defendant will be sentenced as a courier of the drugs.  

Step 3: The relevant band within the guidelines

19.  Based on my finding of the defendant’s role and culpability, I adopt the arithmetical starting point for a courier, which is 13 years 7 months’ imprisonment.

Step 4: Aggravating factors

20.  This is the defendant’s 9^th drug related conviction, and his 15^th conviction overall.  His last conviction was in 2021, which was not too long ago from the time he committed the present offence.  In fact, he committed the present offence just 6 months after he was last discharged from prison.  For the aggravating factor of him being a habitual offender, I will enhance his sentence by 5 months, taking it to 14 years’ imprisonment.  

Step 5: Mitigating factors

21.  The only mitigating factor is the defendant’s timely guilty plea, for which he will be granted the usual one-third discount.  

Step 6: Totality

22.  I have looked at the notional sentence after trial of 14 years, and I am of the view that it is a fair, just and balanced sentence in the circumstances of the offence and the defendant.  

FINAL SENTENCE

23.  The final sentence is, therefore, 9 years 4 months’ imprisonment after plea.