HKSAR V LEE CHI YIP

HCCC147/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 147 OF 2012

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HKSAR
v
Lee Chi-yip

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Before: DHCJ Stuart-Moore

Date: 26 July 2012 at 9.41 am

Present: Mr Harish Melwaney, SPP of the Department of Justice, for HKSAR
Mr Raymond Chan, instructed by Messrs Tung, Ng, Tse & Heung, for the Defendant

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: On 4 May this year, the defendant, who is aged 32, pleaded guilty at Eastern Magistrates’ Court to a charge of trafficking in2 kilogrammes of powder containing 1.45 kilogrammes of ketamine, and this had a street value of $234,000.

The offence was committed just after the defendant had come into Hong Kong from the mainland at the Lok Ma Chau Spur Line ControlPoint with these drugs in his rucksack.

The defendant admitted that he was delivering the drugs to someone for an $8,000 reward, and he said it was the first time he haddone this.

Under the sentencing guidelines set out in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, a sentence of between 12 and 14 years’ imprisonment is suggested for amounts of between 600 grammes and 1 kilogramme, with sentencesabove 14 years for amounts over a kilogramme.

The amount in this case was considerably above a kilogramme. In my judgment, an appropriate starting point would be 15½ years’imprisonment, enhanced to 16 years’ imprisonment for the element of importation from the mainland.

The defendant has pleaded guilty in good time, and he will receive the full benefit of doing so.

Accordingly, the sentence will be one of 10 years and 8 months’ imprisonment.