HKSAR v. LEE YAU MING

HCCC 10/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 10 OF 2016

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HKSAR
v
LEE Yau-ming

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Before: Deputy High Court Judge S D’Almada Remedios

Date: 4 March 2016 at 10.21 am

Present: Mr Harish Melwaney, SPP of the Department of Justice, for HKSAR
Ms Philip K C Chau, instructed by Mike So, Joseph Lau & Co, assigned by DLA, for the accused

Offence: (1) Possession of a dangerous drug (管有危險藥物)
(2) 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, on 31 December 2015, you pleaded guilty to two charges before a magistrate and as a result of thosepleas of guilty you were committed to Court of First Instance for sentence.

Those charges were in respect of the 1st charge, possession of a dangerous drug, contrary 8(1)(a) and (2) of the Dangerous Drugs Ordinance. You admitted that on 6 August 2015 at Tsz Wan Shan, Wong Tai Sin, Kowloon, you had in your possession 0.61 grammes of a solid containing0.14 grammes of cocaine.

The 2nd charge is one of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the same ordinance. On the same date at Tsz Man Estate, Tsz Wan Shan, you admitted you had unlawfully trafficked in 52.20grammes of a crystalline solid containing 49.7 grammes of methamphetamine hydrochloride, otherwise commonly known as ‘Ice’.

On 6 August, as about 9 am, you were intercepted by police officers outside an amusement game centre in Tsz Wan Shan. Upon a search,inside the right-front pocket of your jeans was found the drugs mentioned in Charge 1 in three separate plastic bags. Under caution,you admitted that the drugs were obtained from “Ah Wai” for $1,200 for your own self‑consumption.

Thereafter, the police then conducted a house search at your residence at Tsz Man Estate. In a concealed compartment of an extendabletable in your living room, the drugs in Charge 2 were found. Those drugs were contained in three separate plastic bags. Under caution,you said that your friend named “Banana” left the dangerous drugs there and would collect them later. Subsequently, in a video-recordedinterview you said that those three bags belonged to your friend Banana.

The retail value of the seized cocaine was estimated at $624, whereas the seized ‘Ice’ was estimated at $17,174.

Defendant, you are now aged 49 and you are educated up to primary six. You have 11 previous convictions, 3 of them are related todrugs. The last offence related to drugs was in 1987 which was a similar conviction to the trafficking charge and you were sentencedto the Drug Addition Training Centre. You also have one similar conviction to possession of dangerous drugs to which you were sentencedagain to DATC, this time prior to that date in 1984.

Your counsel, Mr Chau, says that you are drug dependent and it is evidenced by the charge the cocaine was for your own consumption.

Defendant, the most serious charge amongst these is, of course, the trafficking charge. The sentence guidelines for trafficking in‘Ice’ is set down in the case of HKSAR v Tam Yi Chun. The amount of drugs to which you were trafficking in is the amount of 49.70 grammes of ‘Ice’. The tariff laid down after trialis a sentence of 7 to 11 years’ imprisonment for amounts of between 10 and 70 grammes.

Defendant, for Charge 2, given the quantity of drugs you were trafficking in, had you been convicted after trial I would have takena starting point of 9 years’ and 6 months’ imprisonment. Giving you full credit for your plea of guilty, that term shall be reducedto one of 6 years and 4 months’ imprisonment.

In respect of Charge 1, had you being convicted after trial I would have taken a sentence of 12 months’ imprisonment and givingyou the usual one-third discount that term will be reduced to one of 8 months’ imprisonment.

Charges 1 and 2 shall run concurrent to each other and therefore your total term of imprisonment shall remain at 6 years and 4 months’imprisonment.