HKSAR v. KWOK TSZ LOKK

DCCC147/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 147 OF 2009

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HKSAR
v.
Kwok Tsz-lok

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Before: H H Judge Yung

Date: 18 May 2009 at 11.57 am

Present: Ms Lo Shui Ying, PP of the Department of Justice, for HKSAR
Mr Oliver Davies, instructed by Messrs Wong & Co, Solicitors, for the Defendant

Offence: Trafficking in dangerous drug, etc. (販運危險藥物等罪項)

Reasons for Sentence

1. I believe your counsel has mitigated on your behalf in a most effective and efficient way. He has pointed out the range of sentenceswe call guideline laid down by the Court of Appeal. The type of dangerous drug you had in your possession for trafficking would attracta range of sentence from 4 to 6 years.

2. Looking at the method of the trafficking and the overall sentence it should be one of 51 months as a starting point. You are entitledto a one-third reduction.

3. There are two factors I will take into account in giving you a further discount, further reduction. The first thing is your age.Nothing need to be said more because you are of young age, you are entitled to and should be given consideration for reduction ofsentence. The second factor, your counsel has told me – now you are in open court you clearly retracted what you said that the driverwas also involved. You have put yourself in quite a jeopardy. That would be evidence, a sign of your genuine remorsefulness, whichI will take into account.

4. Therefore, for these two factors, I have given you another 4 months’ reduction, so the overall sentence should be one of 30 months.So on each charge I sentence you to 30 months’ imprisonment to run concurrently.

H H Judge Yung
District Judge