HKSAR v. CHUN KA LEUNG

HCCC25/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 25 OF 2010

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HKSAR
v.
Chun Ka-leung (秦嘉良)

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Before:

The Honourable Madam Justice Beeson

Date:

17 March 2010 at 9.56 am

Present:

Mr Harish Melwaney, SPP, of the Department of Justice, for HKSAR
Mr Pang Yiu-hung, Robert, instructed by Legal Aid Department, 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: This defendant pleaded guilty at committal on 15 January 2010 to one charge of trafficking in a dangerous drug. The drug was 40.87grammes of a crystalline solid containing 39.28 grammes of methamphetamine hydrochloride, commonly known as “Ice”.

Today, in front of me, the accused has confirmed his plea and the facts that he admitted at committal. Those facts show that he wasintercepted by Customs and Excise at the Green Channel of the Lo Wu Border Control Point. An ion scan of his belongings was carriedout. During the scanning process, the Customs Officer’s suspicions were aroused by the way the defendant was moving, walking backwardsand forwards and moving his hand at his left waist.

The Customs Officer leaned over and saw two transparent plastic bags containing a white substance on the floor near the defendant’sright foot. The officer asked the defendant what they were but there was no reply. The bags gave a positive reaction when scanned.The accused was arrested and cautioned and admitted that the Ice was for his own consumption. At a subsequent interview he did notsay anything else.

The Government Chemist analysed the drugs which were found to be in the proportions set out in the particulars of the charge. Theestimated street value is $26,974.20 and the accused has formally admitted importing the dangerous drug for a purpose other thanfor his own consumption.

The defendant has one previous criminal offence, not drug-related. He was sentenced to a 12 month Probation Order on 9 September 2008for an attempt to give information, to wilfully mislead or attempt to mislead a police officer. This present offence was committedwithin the term of that probation order.

In mitigation I was advised that the accused is aged 25. He had been working as a case worker for exhibition events but that workdried up. This was due to the effects of the recession. He qualified as an estate agent but was unable to make a living as an estateagent. Prior to his unemployment he had been earning $12,000 a month contributing $5,000 to his parents.

He was in a bad financial state around the time of this offence. He came to know a man, Ah Yuen, who apparently befriended him buteventually suggested that he do this job for a $1,000 on a successful delivery. The accused is very remorseful and has written amitigating letter expressing that remorse and saying that he proposes to turn over a new leaf. He appreciates the support of hisparents and his girlfriend. His parents and a prison chaplain have written to the court confirming their support and asking the courtto pass a lenient sentence.

Under the guidelines for Ice, in the case of A.G v.Ching Kwok Hung [1991] 2HKLR 125 this quantity of drug comes into the category for 7 to 10 years’ imprisonment. There is an international elementin that it was imported from the Mainland.

In this case I take a starting point of 8½ years; 8 years as the initial starting point plus 6 months for the international element.I give a full discount for the plea which I accept is an early plea and I impose a sentence of 68 months i.e.5 years’ and 8 months’imprisonment.