HKSAR V LEUNG CHING YEE, CHRISTY

HCCC189/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 189 OF 2010

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HKSAR
v
Leung Ching Yee, Christy
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Before: Deputy High Court Judge Lugar-Mawson

Date: 24 August 2010 at 9.45 am

Present: Mr H Melwaney, SPP of the Department of Justice, for HKSAR
Mrs Lisa D’Almada Remedios, instructed by Eddie P L Law & Co, assigned by the Director of Legal Aid, for theAccused

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: Christy Leung Ching-yee, you have been, as you realise, a very foolish young woman. You have been exceptionally naïve, and you are exceptionally stupid, I have to say, to involve yourself in trafficking in dangerous drugs.

I cannot ignore the fact that dangerous drugs are a curse upon Hong Kong society. I cannot ignore the fact that the quantity of drugsthat you involved yourself in was an exceptionally large quantity. There were over 300 grammes of active ketamine in that packagethat you carried for your so‑called friend.

You will have been told by Mrs Remedios that sentences for those who traffic in dangerous drugs in any way, including as you did,just taking them somewhere for a friend, are very, heavy, and it is only right that they are very, heavy.

You are certainly not the worst offender I have had to deal with and there is much to be said your favour. It is clear that you area hard worker. It is clear from the letters I have seen from your family that you have a loving and supportive family, and you aregoing to need their support while you are in prison.

It is to your credit that you have no previous convictions, and you will receive recognition for that in the sentence that I giveyou. And it is also very much to your credit – it is very powerful mitigation – that you have been realistic and pleaded guilty tothis offence, which permits me to reduce your sentence quite considerably.

Mrs Remedios, your counsel, will have told you – it is her duty to do so, and I know that she will have done – she will have toldyou that there are very clear guidelines for all judges as to how we should sentence people who traffic in dangerous drugs. She willhave told you that we are expected to stick to those guidelines unless there are very, powerful reasons for us not to do so, andI am afraid to say there are no, very powerful reasons in your case. And she will have told you the sentences that have to be passedon people who traffic in dangerous drugs are based on the weight of the drugs that they trafficked in.

I am sure that Mrs Remedios will have told you that had you pleaded not guilty, had this matter gone to trial, had you been foundguilty by the jury, then you would have been looking at a sentence of imprisonment of at least 9 years. Because of your plea of guilty,I am permitted to reduce that by one-third, which takes it down to 6 years. I am also taking account of your clear record, and Iam reducing that 6 years by a further 6 months.

That means that your sentence of imprisonment is a long one. It is going to be one of 5 years and 6 months. I am afraid that is whatthe law and justice requires me to do.

Now, Christy Leung, there are opportunities for intelligent young people in prison. You have an excellent opportunity there to geta good education, to get some O levels and A levels, to give yourself a good start in life when you are released. Take full advantageof the opportunities that will be offered to you.