HKSAR v. CHUNG FUNG YING

HCCC 424/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 424 OF 2012

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HKSAR
v
Chung Fung-ying

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Before: The Honourable Mrs Justice V Bokhary

Date: 22 January 2013 at 9.56 am

Present: Ms Grace Chan, SPP of the Department of Justice, for HKSAR
Ms Bina Sujanani, instructed by Messrs Samuel Ho & Co (assigned by DLA), for the accused

Offence: 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: Chung Fung-ying, you stand convicted of one charge of trafficking in dangerous drugs. You have pleaded guilty at the MagistratesCourt and you have been committed to this court for sentence.

The quantity of drugs involved is 4.76 grammes of a powder containing 4.12 grammes of ketamine and 42.09 grammes of a crystallinesolid containing 40.12 grammes of methamphetamine hydrochloride. These drugs were imported into Hong Kong from across the borderand therefore calls for enhancement.

I have considered everything urged on your behalf. As to the appropriate approach to sentencing on a count of trafficking in differenttypes of drugs, I shall follow the approach indicated by the Court of Appeal in the case of Wong Kin Kau decided on 4 May in 2010. In following that approach, I shall do so having considered everything urged on your behalf.

For the quantity of drugs involved and adopting that approach, your counsel has submitted a starting point of 8½ years’ imprisonment,plus enhancement.

All things considered, I will adopt a starting point of 8½ years’ imprisonment, enhance it by 1 year, making a total of 9½ years.

Having considered everything that has been urged in mitigation on your behalf, I am prepared to give you the full one-third discount,thereby reducing the starting point to one of 6 years and 4 months.

You are therefore sentenced to 6 years and 4 months’ imprisonment.