HKSAR v. CHAN CHI FAI

HCCC30/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 30 OF 2012

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HKSAR
v
Chan Chi-fai
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Before: DHCJ P Li

Date: 29 March 2012 at 10.15 am

Present: Ms Rosaline Leung, SPP, of the Department of Justice, for HKSAR
Ms Cheng Suk-yee Flora, instructed by Messrs Au, Thong & Tsang, for the Accused

Offence: 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 pleaded guilty to one count of trafficking in 135.43 grammes of “Ice”, a dangerous drug.

At about 5 pm on 20 July, year 2011, Senior Customs Officer 8809 intercepted the defendant who entered Hong Kong at Lok Ma Chau ControlPoint. An officer searched the defendant and found four packets of “Ice” strapped round his right thigh. Under caution, the defendantadmitted that he was going to deliver the “Ice” to Tin Ping Estate. He would be paid $1,500.

The defendant agreed to participate in a controlled delivery operation but no one turned up to collect the drug. The value of thedrug was about $97,000.

The defendant is 36. He is divorced. He lived alone in Sham Shui Po area before committing this offence. He has 22 previous convictions,most of them were possession of dangerous drugs. In year 2005, he was imprisoned for a total of 7 years and 4 months for one countof conspiracy to traffic in a dangerous drug and another count of trafficking in a dangerous drug. The defendant received secondaryeducation. He has been taking heroin since 18 years old.

For the 135.43 grammes of “Ice”, the starting point should be 11 years and 2 months’ imprisonment, according to Ching Kwok Hung ([1991] 2 HKLR 125). The defendant took the drug into Hong Kong. I add 6 months to reflect this aggravating factor. I deduct 3 years and 11 months forhis plea. The defendant assisted the Customs & Excise officers in a controlled delivery operation. I would further deduct 1 yearfor this, albeit no one was arrested.

Taking into consideration all the above, I sentence the defendant to 6 years and 9 months’ imprisonment.