HKSAR v. LEUNG SING CHUNG AND ANOTHER

HCCC213/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 213 OF 2010

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HKSAR
v.
LEUNGSing-chung (A1)
CHANKin-wai William(A2)

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Before:

The Honourable Mrs Justice V Bokhary

Date:

29 March 2011 at 4.09 pm

Present:

Mr Bernard Ryan, counsel-on-fiat, instructed by the Department of Justice, for HKSAR
Mr Steve Chui, instructed by Messrs M K Lam & Co., (assigned by DLA), for the 1st Accused
Miss Catherine Wong, instructed by Messrs Pang, Wan & Choi, for the 2nd Accused

Offence:

(1) Trafficking in a dangerous drug (販運危險藥物)
(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: Two accused, I have considered everything urged on behalf of each of you. The quantity of cocaine in Count 1 is 8.26 kilograms. Expressed in grammes, that is 8,260 grammes. Leaving aside enhancement, which does not arise in this case, the sentencing guidelinestarting point for 4,000 to 15,000 grammes is 26 to 30 years’ imprisonment. That is the appropriate guideline for Count 1.

The quantity of cocaine in Count 2 is 1.2 kilograms. Expressed in grammes, that is 1,200 grammes. Leaving aside enhancement, whichdoes not arise in the present case, the sentencing guideline starting point for 600 to 1,200 grammes is 20 to 23 years. That isthe appropriate guideline for Count 2.

For Count 1, the starting point which I adopt for each of you is 28 years’ imprisonment. For Count 2, the starting point whichI adopt for each of you is 23 years’ imprisonment.

Your good character does not earn either of you any discount from those starting points. As for your youth at the time of the offences,Leung Sing-chung, I take it into account along with the other circumstances to take the merciful view in your favour that you wereled astray by Chan Kin-wai and will give you some discount for that. This will, however, not be taken into account against you,Chan Kin-wai. It leads to no increase in sentence against you, Chan Kin-wai.

Engaging a young person to assist in drug trafficking is a basis of enhancement; but just because I take a merciful view in favourof your co-accused, resolving doubt in his favour, it does not mean that I can positively find against you that you had engaged him.

All things considered, I sentence you two as I will now state. I sentence you, Leung Sing-chung, to 25 years’ imprisonment on Count1 and to 20 years’ imprisonment on Count 2. I order that these sentences be served concurrently. So your total sentence is 25years’ imprisonment. I sentence you, Chan Kin-wai, to 28 years’ imprisonment on Count 1 and 23 years’ imprisonment on Count2. I order that these sentences be served concurrently.So your total sentence is 28 years’ imprisonment.

Finally, I make an order for a date to be fixed in one month’s time for mention in respect of the confiscation order which the prosecutionis seeking against you, Chan Kin‑wai, and for the restraint order already obtained against you, Chan Kin-wai, to be extended untilthat day of hearing.

Please refer to CACC143/2011 for the relevant appeal(s) to the Court of Appeal.