HKSAR v. CHIU KIN SHING

HCCC267/2011
HCCC3/2012
(Consolidated)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 267 OF 2011 AND 3 OF 2012

—————–

HKSAR
v.
Chiu Kin-shing (A1)

—————–

Before: Deputy High Court Judge Toh

Date: 22 February 2012 at 5.30 pm

Present: Mr Shaun Kelly, on fiat, for HKSAR
Mr Jackson Poon and Mr Brian Chow, instructed by S H Chan & Co, for the Accused

Offence: Trafficking in a dangerous drug (販運危險藥物)

————————————————

Transcript of the Audio Recording
of the Sentence in the above Case

————————————————

COURT: You have been convicted by a jury of trafficking in a dangerous drug, namely 1,258.05 grammes of a mixture and solid containing1,054.38 grammes of heroin hydrochloride.

The amount of drugs involved is high and the consequences of this amount of drugs being distributed into Hong Kong, the consequencesare beyond imagination. The evil drugs do to drug dependants and their families, we are all very much aware of. There is no mitigationwhatsoever for those who choose to involve themselves in this kind of trafficking. Even as a first offence, you have to go to prisonfor a long time. A message has to be sent out to those who wish to participate in this evil trade for money that the court will spareno one if they are convicted of such evil doing.

The Hong Kong Police, the Narcotics Bureau constantly have to fight, battle every day on our streets in order to keep the streetssafe from drug traffickers. The Court of Appeal, recognising this, in the case of Abdallah [2009] Volume 2, HKC 997, has laid down guidelines for sentencing for trafficking in heroin of over 600 grammes and the guidelines laid down are that, fortrafficking in 600 to 1,200 grammes of heroin, a sentence of 20 to 23 years after trial is recommended.

Taking into account that this will be the first time that you will hear the prison gates clanging behind you, I will therefore imposea sentence of 21 years’ imprisonment.

Please refer to CACC96/2012 for the relevant appeal(s) to the Court of Appeal.