HKSAR v. CHAN KA HO, HILL

HCCC 346/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 346 OF 2014

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HKSAR
v
CHAN Ka-ho, Hill
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Before: Hon P Li J

Date: 10 March 2015 at 10.15 am

Present: Mr Duncan Percy, on fiat, for HKSAR
Mr Chau Hing-pang, instructed by Chan & Tsu, 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 in trafficking in 120 grammes of “Ice”.

At about 2.30 am on 11 March 2014, a team of police officers intercepted the defendant at the junction of Observatory Road and KimberleyRoad when he was about to board a taxi.

Inside a plastic bag carried by the defendant, the police found some “Ice” hidden below some fried rice in a meal box.

The defendant admitted that he was helping “Dai B” to traffick the dangerous drug for a reward of $1,000. The police also foundcash, $8,100 and three mobile phones from the defendant. The estimated value of the “Ice” was $62,000.

The defendant is 33. He cohabited with his fiancée at Choi Tak Estate, Ngau Tau Kok. He has five previous convictions. In 2009 hewas imprisoned for a total of 5 years and 8 months for trafficking in a dangerous drug and possession of a dangerous drug. He waslast discharged in November 2012.

The defendantreceived education up to Form 5. He was a safety supervisor earning about $2,000 a month. He relapsed into addictionagain at the time of the offence.

The defendant indicated through counsel that he committed this offence to earn money for the medical expenses of the grandmother ofhis fiancée. He is very remorseful now.

For the 120 grammes of “Ice”, the starting point should be 10 years and 10 months’ imprisonment according to Ching Kwok Hung [1991] 2 HKLR 125. I deduct 3 years and 8 months for his plea.

The defendant had given some information to assist the police after his plea. It was not fruitful after further investigation. Atthis stage, I do not think he deserves any further reduction because of this.

Having considered the above, I sentence the defendant to 7 years and 2 months’ imprisonment.