HKSAR v. FAN KA MAN

HCCC 235/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 235 OF 2014

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HKSAR
v
FAN Ka-man
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Before: DHCJ Tallentire

Date: 13 March 2015 at 12.12 pm

Present: Mr Phillip Ross, on fiat, for HKSAR
Mr Kamlesh Sadhwani, instructed by Krishnan & Tsang, assigned by D.L.A., 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: Defendant, you have pleaded guilty to and admitted the facts of a single offence of trafficking in dangerous drugs, namely 1.18 kilogrammesof a crystalline solid containing 1.17 kilogrammes of methamphetamine hydrochloride, commonly known as “Ice”.

Briefly, what occurred is this. On 14 January of last year, that is 2014, DPC2898 acting on information saw you on the point of check-inyou were carrying a black suitcase. Your person was searched and so was your suitcase. The officer found hidden in the side of thecase a bag of granular substance. Asked what it was, you said, “It is drugs”. You were then cautioned for trafficking in dangerousdrugs and you said, “Ah Kei gave the drugs to me asking me to take it to Japan”.

In a later video-recorded interview under caution you said the following:

(1) You confirmed your admission.

(2) You refused to answer questions about Ah Kei, the monetary reward for trafficking in the dangerous drugs and the type of dangerousdrugsseized.

(3) You asked for a chance saying this was the first time you trafficked in dangerous drugs.

Subsequent analysis identified the dangerous drugs as per the charge. You readily accepted you were trafficking in dangerous drugs.

You admit to three previous convictions, none of which is similar. You agreed to the antecedent statement which tells me that youare 40 years of age, single and educated to Form 2.

At the time of the offence you were unemployed. Previously you have had various jobs including metal worker, vehicle maintenance technicianand delivery man. Whilst your physical health is fairly good, you have receivedpsychiatric treatment in the past, and I have readtwo psychiatric reports that were prepared for the Magistrates’ Court which confirm this.

Putting further mitigation forward on your behalf, Mr Sadhwani tells me that you are the youngest of a family of seven, having sixelder sisters all of whom are here today to support you. Your mother is in ill-health, having suffered a stroke. Your father passedaway sometime ago. Your sisters have written a joint letter to me explaining your background to a large extent. I am extremely gratefulfor that. It speaks very eloquently of the psychiatric problems you have suffered and the suicidal tendencies that you have exhibitedin your earlier life.

It is clear, and confirmed by the psychiatric reports, that you are a schizophrenic. Although I am told at this time that it is undercontrol and controlled by medication.

I turn now to the sentence itself.

As you appreciate, this is a very serious offence and for which a large number of years’ imprisonment must be served. Traffickingin “Ice” is a hideous crime.

I do take into account your family support. I also take into account that you were fairly straightforward with the police as to yourown part in this. I take into account that this is the first time you have committed an offence involving dangerous drugs. Also,I do note that you do suffer from a severe mental condition even though this is under control. Of course the largest point of mitigationis your plea of guilty.

But taking all other matters into consideration, especially your mental condition, I am going to set a lower starting point than Iwould have done. There is a very large amount of “Ice” involved in this case. I take, as a starting point, 19 years’ imprisonment.I enhance that because of the international aspect by 2 years to 21 years. Having pleaded guilty you are, of course, entitled toa one‑third discount. I give that. You will go to prison for 14 years.