HKSAR v. CHAN HEI TUNG

HCCC227/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 227 OF 2009

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HKSAR
v
Chan Hei Tung
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Before: Hon Saw J

Date: 31 August 2010 at 4.14 pm

Present: Ms Diane M Crebbin, on fiat, for HKSAR
Mr Kevin B Egan, instructed by Paul Kwong & Co, for the Accused

Offence: (1) Manufacture of a dangerous drug (製造危險藥品)
(2) and (4) Trafficking in a dangerous drug (販運危險藥物)
(3) Trafficking in dangerous drugs(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: You have been convicted after trial of two counts of trafficking in dangerous drugs, one count of manufacturing dangerous drugs,and one count of possession of dangerous drugs.

In the manufacturing count, the drugs you manufactured were cocaine; in Count 2, the drugs you trafficked were cocaine; and in Count3, the drugs you trafficked were, likewise, cocaine. The drug you possessed for your own consumption is methamphetamine hydrochloride.

In respect of Counts 2, 3 and, in part, Count 4, there are observations of the Court of Appeal which assist me insofar as the sentencingprocess is concerned.

There are no specific guidelines for sentencing for manufacturing. In the present case, I take the view that the manufacturing processthat you pursued did not in any way enhance the value of the cocaine when you reduced it from cocaine hydrochloride to cocaine; thatis apparent from the Admitted Facts.

Insofar as Count 4 is concerned, the quantity of methamphetamine hydrochloride possessed for your own consumption is significant.It is 20 grammes, and the Court of Appeal’s observations in this regard mean that I must take into account the latent risk thatyou may have trafficked in that in the future.

Nevertheless, taking all of these matters into account, I determine that the appropriate total sentence that you should serve is oneof 9 years’ imprisonment. That will consist of the following sentences:

on Count 1, 4 years;

on Count 2, 5½ years;

on Count 3, 8 years;

on Count 4, 2 years.

I will order that 1 year of the sentence on Count 4 be consecutive to Count 3. I will order that the sentences on Counts 1 and 2 beconcurrent one to the other and to Count 3.